From:

Sent:

To:

Cc:

Julianne Young
2/23/2020 6:01:27 AM
"Michelle Cretella" <drmcretella@gmail.com>
"Gary McCaleb" <mccgsm@gmail.com>, "waltsbook@yahoo.com" <waltsbook@yahoo.com>, "Mary McAlister"
<mmcalister@childparentrights.org>, "Kelsey Coalition" <kelseycoalition@gmail.com>, "Natasha Chart"
<natasha.chart@gmail.com>, "Richard Mast" <RMast@lc.org>, "Steve Smith" <steve@stevesmithlaw.com>, "Fred Deutsch"
<drfred@deutschclinic.com>, "David Pickup" <davidpickuplmft@gmail.com>, "Eunie Smith" <alaeagle@charter.net>, "Glenn
Ridder" <glenn.ridder@outlook.com>, "Horvath Hacsi" <birdcatcher9@yahoo.com>, "James Shupe (Formerly Jamie Shupe)"
<jamie.shupe@yahoo.com>, "Michael Laidlaw" <mike@drlaidlaw.com>, "Jane Robbins" <rlrobb123@gmail.com>, "Lappert
Patrick" <patrick@lappertplasticsurgery.com>, "MD Paul Hruz PhD" <hruz_p007@att.net>, "Margaret Clarke"
<margaretclarke317@icloud.com>, "Matt Sharp" <msharp@adflegal.org>, "McHugh Paul" <pmchugh1@jhmi.edu>, "Monique Robles
MD" <pamosa27@comcast.net>, "Quentin Van Meter" <kidendo@comcast.net>, "Roger Brooks" <rbrooks@adflegal.org>, "Timothy
Millea MD" <TMillea@qcora.com>, "Vernadette Broyles" <vbroyles@childparentrights.org>, "William Malone"
<malone.will@gmail.com>, "Scott, Greg" <Greg.Scott@heritage.org>, "sjvick@senate.idaho.gov" <sjvick@senate.idaho.gov>

Subject: Re: Idaho Vital Statistics Integrity Act - short window for

As I look a little closer, the testimony from Jamie O'Neill appears to address 3 bills moving through the house
right now: the vital statistics act, a 'fairness in sports' act, and a bill that adds language to existing statute
prohibiting female genital mutilation to prevent cross sex treatments for minors. This diminishes some of the
credibility since the author doesn't appear to understand what is being put forward.
However, if can provide some
good professional counters (especially to the IOC consensus meeting) this would be good. F.V. v Barron relied, in
part, on the claim that modern medical authorities understand sex and gender identity to be the same and that a
biology based definition of sex is "archaic".
Julianne Young
On Sun, Feb 23, 2020 at 6:45 AM Julianne Young <juliannehyoung@gmail.com> wrote:
The following (at the bottom with attachments) has been sent to all House and Senate members this weekend from Jamie O Neill (Not sure if this is the gay Irish author, but maybe). If you have a strong
counter, now would be a good time to send it. I am attaching the email addresses (here) so that they can be easily copied and pasted. Thank you in advance for helping us carry this forward. Getting to the
Senators now is especially important. I believe, and the opposition apparently suspects as well, that this is where the battle will be.
Representative Chris Abernathy <CAbernathy@house.idaho.gov>; Representative Jim Addis <JAddis@house.idaho.gov>; Representative Paul Amador <PAmador@house.idaho.gov>; Representative Neil A.
Anderson <NAnderson@house.idaho.gov>; Representative Robert Anderst <RAnderst@house.idaho.gov>; Representative Kevin Andrus <KAndrus@house.idaho.gov>; Representative Randy Armstrong
<Armstrong@house.idaho.gov>; Representative Vito Barbieri <VBar@house.idaho.gov>; Representative Scott Bedke <sbedke@house.idaho.gov>; Representative Steve Berch <SBerch@house.idaho.gov>;
Representative Megan Blanksma <MBlanksma@house.idaho.gov>; Representative Judy Boyle <jboyle@house.idaho.gov>; Representative Greg Chaney <GChaney@house.idaho.gov>; Representative Sue
Chew <schew@house.idaho.gov>; Representative Chad Christensen <CChristensen@house.idaho.gov>; Representative Lance W. Clow <LClow@house.idaho.gov>; Representative Gary Collins
<gcollins@house.idaho.gov>; Representative Brent Crane <bcrane@house.idaho.gov>; Representative Muffy Davis <MDavis@house.idaho.gov>; Representative Gayann DeMordaunt
<GDeMordaunt@house.idaho.gov>; Representative Sage Dixon <SDixon@house.idaho.gov>; Representative Barbara Ehardt <BEhardt@house.idaho.gov>; Representative Jake Ellis <JEllis@house.idaho.gov>;
Representative Rod Furniss <RFurniss@house.idaho.gov>; Representative John L. Gannon <JGannon@house.idaho.gov>; Representative Terry Gestrin <tgestrin@house.idaho.gov>; Representative Marc
Gibbs <mgibbs@house.idaho.gov>; Representative Priscilla Giddings <PGiddings@house.idaho.gov>; Representative Bill Goesling <BGoesling@house.idaho.gov>; Representative Brooke Green
<BGreen@house.idaho.gov>; Representative Steven C. Harris <SHarris@house.idaho.gov>; Representative Linda Wright Hartgen <LHartgen@house.idaho.gov>; Representative James Holtzclaw
<JHoltzclaw@house.idaho.gov>; Representative Wendy Horman <WendyHorman@house.idaho.gov>; Representative Clark Kauffman <CKauffman@house.idaho.gov>; Representative Ryan Kerby
<RKerby@house.idaho.gov>; Representative Mike Kingsley <MKingsley@house.idaho.gov>; Representative Megan Kiska <MKiska@house.idaho.gov>; Representative Laurie Lickley
<LLickley@house.idaho.gov>; Representative Gary Marshall <GMarshall@house.idaho.gov>; Representative Rob Mason <RMason@house.idaho.gov>; Representative John McCrostie
<JMcCrostie@house.idaho.gov>; Representative Ron Mendive <RMendive@house.idaho.gov>; Representative Jason Monks <JMonks@house.idaho.gov>; Representative Dorothy Moon
<DMoon@house.idaho.gov>; Representative Mike Moyle <mmoyle@house.idaho.gov>; Representative Lauren Necochea <LNecochea@house.idaho.gov>; Representative Tammy Nichols
<TNichols@house.idaho.gov>; Representative Joe A. Palmer <jpalmer@house.idaho.gov>; Representative Britt Raybould <BRaybould@house.idaho.gov>; Representative Jerald Raymond

<JRaymond@house.idaho.gov>; Representative Timothy Dewitt Remington <TRemington@house.idaho.gov>; Representative Doug Ricks <DRicks@house.idaho.gov>; Representative Ilana Rubel
<IRubel@house.idaho.gov>; Representative Heather Scott <HScott@house.idaho.gov>; Representative Paul Shepherd <pshepherd@house.idaho.gov>; Representative Elaine Smith
<esmith@house.idaho.gov>; Representative Thyra Stevenson <TStevenson@house.idaho.gov>; Representative Scott Syme <SSyme@house.idaho.gov>; Representative Sally Toone
<SToone@house.idaho.gov>; Representative Caroline Nilsson Troy <cntroy@house.idaho.gov>; Representative John Vander Woude <JVanderWoude@house.idaho.gov>; Representative Jarom Wagoner
<JWagoner@house.idaho.gov>; Representative Melissa Wintrow <MWintrow@house.idaho.gov>; Representative Tony Wisniewski <TWisniewski@house.idaho.gov>; Representative Fred Wood
<fwood@house.idaho.gov>; Representative Julianne Young <JYoung@house.idaho.gov>; Representative Rick D. Youngblood <RYoungblood@house.idaho.gov>; Representative Christy Zito
<CZito@house.idaho.gov>; Representative Bryan Zollinger <BZollinger@house.idaho.gov>; Senator Jeff Agenbroad <JAgenbroad@senate.idaho.gov>; Senator Kelly Anthon <KAnthon@senate.idaho.gov>;
Senator Steve Bair <sbair@senate.idaho.gov>; Senator Regina Bayer <RBayer@senate.idaho.gov>; Senator Bert Brackett <bbrackett@senate.idaho.gov>; Senator Cherie Buckner-Webb
<CBucknerWebb@senate.idaho.gov>; Senator Grant Burgoyne <gburgoyne@senate.idaho.gov>; Senator Van Burtenshaw <VBurtenshaw@senate.idaho.gov>; Senator Don Cheatham
<DCheatham@senate.idaho.gov>; Senator Carl Crabtree <CCrabtree@senate.idaho.gov>; Senator Lori Den Hartog <LDenHartog@senate.idaho.gov>; Senator Scott Grow <SGrow@senate.idaho.gov>; Senator
Jim Guthrie <JGuthrie@senate.idaho.gov>; Senator Mark Harris <MHarris@senate.idaho.gov>; Senator Lee Heider <lheider@senate.idaho.gov>; Senator Brent Hill <bhill@senate.idaho.gov>; Senator Dan
Johnson <djohnson@senate.idaho.gov>; Senator Maryanne Jordan <MJordan@senate.idaho.gov>; Senator Todd Lakey <TLakey@senate.idaho.gov>; Senator Abby Lee <ALee@senate.idaho.gov>; Senator
Dave Lent <DLent@senate.idaho.gov>; Senator Patti Anne Lodge <palodge@senate.idaho.gov>; Senator Fred S. Martin <FMartin@senate.idaho.gov>; Senator Dean Mortimer <dmortimer@senate.idaho.gov>;
Senator David Nelson <DNelson@senate.idaho.gov>; Senator Mark Nye <mnye@senate.idaho.gov>; Senator Jim Patrick <jpatrick@senate.idaho.gov>; Senator Jim Rice <jrice@senate.idaho.gov>; Senator
Mary Souza <MSouza@senate.idaho.gov>; Senator Michelle Stennett <MStennett@senate.idaho.gov>; Senator Steven Thayn <sthayn@senate.idaho.gov>; Senator Steve Vick <sjvick@senate.idaho.gov>;
Senator Janie Ward-Engelking <JWardEngelking@senate.idaho.gov>; Senator Chuck Winder <cwinder@senate.idaho.gov>; Senator Jim Woodward <JWoodward@senate.idaho.gov>
Good Afternoon Representatives and Senators.
Please find attached my opposition to House Bill No. 509.
The World Professional Association for Transgender Health (WPATH), Standard of Care 7th Edition: https://wpath.org/publications/soc
Also attached for your reference is the following documents:
IOC Consensus Meeting on Sex Reassignment and Hyperandrogenism November 2015
NCAA Inclusion of Transgender Student-Athletes
Kind regards,
Jamie O'Neill

On Sun, Feb 23, 2020 at 5:25 AM <drmcretella@gmail.com> wrote:
You are absolutely right! That circular lie must be attacked and found to invalidate the original ruling or else
we are done.
Sent from my iPhone
On Feb 22, 2020, at 11:40 PM, Julianne Young <juliannehyoung@gmail.com> wrote:

Thank you so much for the feedback. One thing that keeps nagging at my mind along these lines is that the
court relied on a gender identity definition of sex in order to find that the state violated the equal
protection clause-- "We didn't treat the plaintiffs (biological males) like other women," etc. This ruling
was not about whether the plaintiffs could change their sex identifier, it was about whether it was lawful
for a state to identify citizens based on biology. In practice, the F.V. v Barron ruling ignored the
existing state defined biology based definition and imposed a new definition of sex on the state without
ever directly addressing an argument as to why this was justified. It was assumed via their circular
arguments. If there are court cases or other info which could help me attack the ruling from this angle it
could be helpful. Shouldn't a court be mandated to rule based on existing definitions in the law? As long
as people hold the ruling to be legitimate our fight will be much harder.

On Sat, Feb 22, 2020 at 4:50 PM Michelle Cretella <drmcretella@gmail.com> wrote:
Almost right, Gary ... in Transtopia you are a man if and only if the State authenticates what you say
you are (and take that one step further ... a man is NOT a father because he is a man who sired a child;
he is only a father if the State says he is ... although this is also a consequence first of Obergefell).
On Sat, Feb 22, 2020 at 5:20 PM Gary McCaleb <mccgsm@gmail.com> wrote:
A point that keeps niggling at me is there is sort of a universal coercion from GEID theory. If I am
forced to affirm a person as transgender, perforce I must identify myself not as a male, but as a cisgender man. I'm not male because I was created male in the womb, but because I now think I am a man. And
it's not just semantics--adopting gender language means I have to abandon objective science and accept
the subjective malleable continuum of unprovable "genders" in place of real science.
You can't take one step into the alternate universe of trans without abandoning your own universe.
g.
On Sat, Feb 22, 2020 at 12:52 PM Walt Heyer <waltsbook@yahoo.com> wrote:
Your spot on

On Sat, Feb 22, 2020 at 2:48 PM, Michelle Cretella
<drmcretella@gmail.com> wrote:
But it is even worse than any other example in history in the sense that the State is forcing people to
participate in a lie akin to 2+2=5 ... I mean NO ONE should have to appeal to their "Freedom of
Religion/Conscience" to stand up against 2+2=5 / a man is NOT a woman! If this is not the definition of
insane I don't know what is!
On Sat, Feb 22, 2020 at 2:14 PM Mary McAlister <mmcalister@childparentrights.org> wrote:
Excellent point Dr. C. That is one of the arguments we are making regarding the school affirmation
policies, i.e., the state is compelling students to utter a false statement, which violates free
speech and free exercise rights (or rights of conscience generally). That's underlying pronoun
policies and privacy facilities use policies requiring children to affirm classmates are girls when
they are boys.
Mary E. McAlister, Esq.
Senior Litigation Counsel
Child & Parental Rights Campaign
P.O. Box 637
Monroe, VA 24574
434 610-0873
mmcalister@childparentrights.org
childparentrights.org
On Sat, Feb 22, 2020, 1:36 PM Kelsey Coalition <kelseycoalition@gmail.com> wrote:
Just to expand a bit on the parent argument...it not simply the state being complicit in a legal
fiction (that a girl was actually born a boy), but it is the state compelling an unwilling party to
party to that legal fiction...parents whose legal records state they gave birth to a son when they

really gave birth to a daughter.
Haven't had a chance to watch the hearing, but was this argument part of the testimony?

On Sat, Feb 22, 2020 at 11:22 AM Kelsey Coalition <kelseycoalition@gmail.com> wrote:
Thank you, Julianne. Have you considered the argument from the parent perspective? When birth
certificates are changed, they create a legal fiction involving unwilling parents: That a mother who
gave birth to a daughter gave birth to a son, and vice versa. As recently as last month, a mother
wrote to us expressing absolute shock that her young adult daughter can change her birth certificate
without her permission. As she stated, she and her husband do not want their names connected to a
"blatant lie."
FYI, to encourage people to write to Idaho House members, I tweeted out a link to the bill and the
House Members' emails here:
https://twitter.com/CoalitionKelsey/status/1231246802189475842?s=20

If any of you are on twitter, please retweet. Thank you! -K
On Sat, Feb 22, 2020 at 9:42 AM Julianne Young <juliannehyoung@gmail.com> wrote:
The House State Affairs committee sent our bill to the floor on a party line vote with a do-pass
recommendation.
We had some great testimony (in opposition) from the National Organization of Women representative,
Janelle Winterstein. Janelle opposed the bill, suggesting that it is uncharacteristic of the
acceptance and kindness she has felt from Idahoans, including many of the more conservative members
of the state affairs committee. It seems that this testimony would be a great benefit should a
court be seeking evidence that this bill is motivated by animus.
Our strongest opposition came from the Lambda Legal Attorney who represented the plaintiffs in F.V.
v Barron (a very tall woman if you're skimming the video looking for her testimony). She countered
some of my statements which suggested that this issue has not been robustly examined based on it's
impacts on public policy and the state generally because the state conceded everything and the
arguments make (based on the West Law minutes) addressed only the interests of the agency and not
the public at large. She argued that everything I brought up had already been heard and considered
by the court and that they have already decided this issue. By passing this bill, we are placing
the DHW in a position to be found in contempt of court. This argument, coupled with the court
costs may sway moderate republicans in the House and could stop the bill in the Senate if we don't
have a strong counter-argument on the House floor. It could be up for debate on the floor as soon
as next Tuesday and must be transmitted to the Senate by the end of the week.
The video of the hearing is available
here: https://legislature.idaho.gov/sessioninfo/2020/standingcommittees/HSTA/ . It does take
awhile to open. It was about a 2 hour hearing. There was a very short bill right before mine but
it only took a couple of minutes. Most of the file is our bill.
Counter arguments I am considering include:
The proposed statute complies with the requirement of the injunction in that the statute does not

automatically reject applications to amend this category of material facts, but establishes a
process by which those applications may be reviewed and considered. This process protects the
interest of the state in ensuring the accuracy of material statistics.
The legislature rejects the argument that biological sex is gender identity.
Courts are required
to observe the definitions established in the law. The legislative branch, including on the
federal level, has consistently acted on a biological definition of sex. Yet, this court relied
upon the conflation of sex and gender identity in issuing their ruling. The conflation of these
terms in the law severely undermines the compelling interest of the state and jeopardizes the
health and safety of all Idahoans.
Sex specific policies have been upheld by the courts for
decades specifically because of the material distinctions between male and female, statistically
speaking. If we accept the premise that these distinctions are irrelevant, that sex is gender
identity irrespective of biological fact, we must also find that all sex-based distinctions are
discriminatory.
I would sincerely appreciate legal feedback and suggestions.
Julianne Young

On Thu, Feb 20, 2020 at 7:34 AM Julianne Young <juliannehyoung@gmail.com> wrote:
The Idaho Vital Statistics Act will be heard tomorrow morning in State Affairs. Our meetings are
usually at 9 but I won't be surprised if we start at 8 AM. It will be available live online or
recorded if any are interested in listening. We may get some ideas that will help as we head to
the Senate.
On Wed, Feb 12, 2020 at 2:59 PM Julianne Young <juliannehyoung@gmail.com> wrote:
Does anyone have a contact in the research and statistics world or someone in the insurance
industry (medical or car) that could provide a statement explaining the value of accurate
information regarding biological sex as a qualifying characteristic for sex specific differences
in policies, etc? These are research based private policies. When we fundamentally alter the
legal definition of sex we undercut their ability to effectively implement those research-based
policies.
On Tue, Feb 11, 2020 at 6:05 PM Julianne Young <juliannehyoung@gmail.com> wrote:
Hello all,
I am adding Senator Steve Vick to this email group. He will be carrying the bill on the Senate
side. We are on the agenda to print the bill in House State Affairs on Thursday and are working
toward a full hearing a week from Wednesday. Welcome Senator Vick! We are glad to have you on
board!
Julianne Young
On Mon, Feb 10, 2020 at 9:54 PM Julianne Young <juliannehyoung@gmail.com> wrote:
And one last document-- This is an op-ed/ press statement if it passes muster:
https://docs.google.com/document/d/1Z8k-zehU6_j9JN-iHbG5-NV1LeQrlddM3Cryl_LXzFw/edit

Feel free to comment on it and mark it up.
On Mon, Feb 10, 2020 at 4:31 PM Julianne Young <juliannehyoung@gmail.com> wrote:
Thank you all so much for your help and input. Here is an outline of talking points. Please
weigh in and share cautions, resources, or additional ideas. Our full hearing will be a week
from Wednesday.
https://docs.google.com/document/d/1FckQ5aKuniUTqJ8psNrWRRIYTNzn84uqLvQWRyj4FGI/edit
On Mon, Feb 10, 2020 at 8:12 AM Julianne Young <juliannehyoung@gmail.com> wrote:
Dear Friends,
Attached below is the draft which we RS'd on Friday. The Lord is blessing our efforts! We
anticipate a print hearing in House State Affairs this Wednesday and a full hearing towards
the beginning of next week. I am working on talking points and a press release. We need to
keep our messaging very controlled. Also, I would welcome input on plans for public
testimony at the hearing. I am working on some drafts which I will post ASAP.
Julianne Young
On Fri, Feb 7, 2020 at 1:38 PM Julianne Young <juliannehyoung@gmail.com> wrote:
Any last comments are invited. We'll RS at the end of the day.
On Thu, Feb 6, 2020 at 2:27 PM Julianne Young <juliannehyoung@gmail.com> wrote:
And one more small change from our attorney general in 39-245A (1) (iv) and (v).
On Thu, Feb 6, 2020 at 9:56 AM Julianne Young <juliannehyoung@gmail.com> wrote:
And with one more small change in (4) as recommended by ADF.
On Wed, Feb 5, 2020 at 5:53 PM Julianne Young <juliannehyoung@gmail.com> wrote:
I was able to visit with Matt Sharpe at ADF about my previous questions and have
incorporated what I believe is a much improved strategy in section (5). I am sending this
final draft [vital statistics draft(3) attached below] to you, to ADF , and to our folks
here a vital statistics. Hopefully we are near or at our final draft so that we can work
on securing support from the governor's office. Leadership appears to be supportive so I
have good reason to hope we will soon have a hearing. Thank you again for your help!
On Wed, Feb 5, 2020 at 12:19 PM Julianne Young <juliannehyoung@gmail.com> wrote:
In regard to the last question: a colleague who is an attorney suggested that a better
approach may be to stipulate that the physician make a presumptive determination of male
or female and that after undergoing the appropriate combination of genetic analysis and
evaluation of the individual's naturally occurring internal and external
reproductive anatomy a signed affidavit from the parents and the physician may be
submitted within 3 years or the presumptive determination may be challenged in a court as
stipulated in (4). This eliminates the potential for an open-ended indeterminate
status.
Thoughts on this idea?

On Wed, Feb 5, 2020 at 11:55 AM Julianne Young <juliannehyoung@gmail.com> wrote:
My apologies if this is redundant. I have tried to 'reply all' in order to share this
with the larger group but I'm not sure that it worked. If you could ensure that the
larger group has access to this request I would appreciate it. Thanks so much.
Our vital statistics folks in the Department of Health and Welfare have raised some
questions which we have attempted to address in the attached draft. Their comments
focused primarily on 39-245A (4) and (5).
They wanted to ensure that the language stipulated that the affidavit be one provided by
the department and asked that we make some changes in formatting to make the process
more clear to the public. I believe the changes to (4) are straightforward.
They raised some good questions regarding (5) though:
1- Our current language does not require verification from a medical professional that
the appropriate chromosomal analysis and evaluation of anatomy has taken place and that
the decision of sex is appropriate based on that analysis and evaluation.
2- Our language is silent about what happens if they don't resolve the indeterminate
status within the three years. Do we need to specify that it can be resoled in court
after this? Do we need to specify any requirements should that be the case?
The drafter and I took a stab at it in the attached draft. Again, feedback is
appreciated. Thank you to those who are providing review on this!
Representative Young
On Wed, Feb 5, 2020 at 11:06 AM Julianne Young <juliannehyoung@gmail.com> wrote:
Did you receive the email I attempted to add as 'reply to all' with the questions
raised by our Department of Health and Welfare vital statistics folks?
On Wed, Feb 5, 2020 at 10:41 AM Richard Mast <RMast@lc.org> wrote:
The comment was re SEGM language; I second the motion to stay away from “separate but equal.” “Differential treatment” is fine.

Richard L. Mast, Esq.*
Senior Litigation Counsel
Liberty Counsel
PO Box 540774
Orlando, FL 32854
(407) 875-1776 phone
(407) 875-0770 fax
LC.org

Offices in DC, FL, and VA
*Licensed in Virginia