From: Michelle Cretella <drmcretella@gmail.com>

Sent: Tuesday, January 21, 2020 1:16 PM

To: Richard Mast <RMast@lc.org>

Cc: juliannehyoung@gmail.com; Steve Smith <steve@stevesmithlaw.com>; Fred Deutsch <drfred@deutschclinic.com>; Mary McAlister <mmcalister@childparentrights.org>; Natasha Chart
<natasha.chart@gmail.com>; Kelsey Coalition <kelseycoalition@gmail.com>; David Pickup <davidpickuplmft@gmail.com>; Eunie Smith <alaeagle@charter.net>; Gary McCaleb <mccgsm@gmail.com>; Glenn
Ridder <glenn.ridder@outlook.com>; Horvath Hacsi <birdcatcher9@yahoo.com>; Hudson, MD Bernard <loyolamd82@gmail.com>; James Shupe (Formerly Jamie Shupe) <jamie.shupe@yahoo.com>;
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>; Scott, Greg <greg.scott@heritage.org>; Timothy Millea MD <TMillea@qcora.com>; Vernadette Broyles <vbroyles@childparentrights.org>; Walt Heyer
<waltsbook@yahoo.com>; William Malone <malone.will@gmail.com>

Subject: Re: Idaho Vital Statistics Integrity Act - short window for comments - by Friday, January 24

*EXTERNAL*

Richard,

Thank you to all who are making this happen!

Re: the bill itself, I am not convinced that the specific DSDs should be named and described (section 5) and defer to Dr. Paul Hruz's expertise. Otherwise, I believe that it looks good.

Re: ADF PDF: In Section 2, Matt has quoted the American PSYCHOLOGICAL Association defining sex as "assigned at birth" - I am pasting the section below:
The same is true of a person’s sex. Sex is binary (male or female), fixed, and objectively verifiable. One’s sex is genetically established at conception, ascertained at or (via sonogram or genetic
testing) before birth, and may be verified by objective factors such as chromosomes, gonads, hormones, and genitalia. See, e.g., Am. Psychological Ass’n, Answers to Your Questions About Transgender
People, Gender Identity and Gender Expression at 1, http://www.apa.org/ topics/lgbt/transgender.pdf. “Sex is assigned at birth, refers to one’s biological status as either male or female, and is
associated primarily with physical attributes such as chromosomes, hormone prevalence, and external and internal anatomy.â€​

Sex is NOT assigned ... I recommend referencing the American PSYCHIATRIC Association (DSM-5) instead:

The American Psychiatric Association defines sex as the "biological indication of male and female (understood in the context of reproductive capacity), such as sex
chromosomes, gonads, sex hormones, and nonambiguous internal and external genitalia.â€​

Reference:
American Psychiatric Association, Diagnostic and Statistical Manual of Mental Disorders: DSM-5 (Washington, D.C.: American Psychiatric Publishing, 2013), p. 829.
Best,
Michelle
(Dr. Cretella)

On Tue, Jan 21, 2020 at 12:34 PM Richard Mast <RMast@lc.org> wrote:
All,

Please meet Steve Smith, an Idaho allied attorney, and Idaho Representative Julianne Young. They have been working on a birth certificate protection bill, to reverse a recent court decision striking down
sex-based birth certificates in Idaho. This will restore the status quo, making Idaho one of four states that require birth certificates to reflect sex, along with Kansas, Ohio, and Tennessee.

Julianne has a short window to receive comments (especially desired from the medical experts).

Matt Sharp provided ADF factual findings for the recitals and some edits. I have accepted his changes; made a few suggested edits of my own, and thus open it up to you all for any input for Julianne and
Steve.

There may be an opportunity for expert testimony, but I leave the details on that to Rep. Young.

Thanks,

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
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