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Thursday, December 29, 2016

Transgender Boy Scouts And The Right Of Association

A developing controversy, about an alleged transgender "boy" kicked out by a New Jersey Cub Scout pack, has serious, serious implications for the basic core constitutional right of privacy and the related rights of association most Americans take for granted.

On one level, my cynicism tells me this emerging discrimination claim -- a lawsuit is where this is headed, for sure, count on it -- may just be one big scam.

The objectives are unclear (that's by design) and there could be several. This could be designed to pressure the Boy Scouts of America, perhaps the most renowned boys' organization in the nation for generations, into "progressive change." (To support that theory, check out this petition drive to force the Boy Scouts to change its policy.)  Or drive it out of existence altogether. Or extract a high penalty, maybe civil fines or a settlement to pay off the family. Or all of the above -- and maybe the greater the damage, the better (as that is the point of all this, I suspect).

On the basic level, Monday's Gannett-owned Record of Hackensack reported on an eight year old Secaucus, NJ child, biologically female but identifying as male (so the story goes) and who was allegedly just kicked out of a Secaucus, NJ Cub Scout group because of objections from other parents. The Record's story shockingly identified both child and parent as eight year old "Joey" Maldonado and the mother as Kristie Maldonado.

The story's identification of the principals alarmed me. Naming family members in sensitive stories is, to me, a practice which is unnecessary and of no news value to the audience. Sometimes, I feel it is done as an overtly innocuous but secretly vindictive act to shame or pressure the person named. Here, it is clear the parties wanted to be named; this means the mother wanted to "out" her own child. That decision is reckless, if not depraved, for it creates the risk of damage to an eight year old child. It also indicates the child is just a pawn in this adult powerplay. 

UPDATE 12/29/16: As if on cue, the morning after this article was published, both mother and child appeared live in studio on CNN. The video is embedded in this article

Now, the story makes no mention of gender reassignment surgery or hormonal treatment. Those absences support the inference that the child was born female and is still anatomically female.

The worst thing about the Record's salacious, click-bait-pursuing story, is that it names the child by the "male" name, Joey.  The child is exposed publicly. But as my ongoing investigation reveals, the mother hasn't been shy about revealing details about her child, not in social media and not in the conventional media. Quite the opposite. In fact, the child's identity has been publicized widely, almost as if the intent were to cause even greater harm. To the child. To her child. 

The mother claims her "son" started identifying as male several years ago. Yet social media tells a different tale. On the mother's Facebook page an August 5, 2015 post shows a photo of the child, who looks just like the same child pictured in the Record story. That post refers to the family members starting with "Jodi," then "Kristie" and "Jorge." 

(And if the page has been taken down, an archived version of the page is available through at this link.)
There's more evidence that the mother was parading around her child in the press. In May 2015, the same woman and her child were quoted in a different local publication. That story referred to the child as a seven year old named "Jodi" Maldonado.

It is pretty clear that "Joey" is really "Jodi," and this seems to be quite the sudden transformation, no? So what's motivating this change?

Maybe the mother is trying to set up a big lawsuit, a big payday. Because she was just recently on the other end of a lawsuit, as a defendant in an automobile accident personal injury case which settled before trial. The case was titled Leyva v. Morris, NJ-HUD-L-Civ. 5857-13. And when did the case settle? Mid 2015. (Settlement details are confidential.)

Just about the same time it seems the compliant or gullible news media organization wants you to believe this child started identifying as a

And perhaps the same time that a perhaps-financially-strapped family needed money and could have fallen prey to political activists with cash to burn and scruples to abandon. 

As for the Cub Scouts, what about them? Maybe they're the perfect politically correct target, being all-male and traditional values and such, and better yet, one with deep pockets. A juicy target, a "get" is what the Boy Scouts are. 

But the larger constitutional issues revolve around attacks on a private organization. It is possible the Boy Scouts may be forced, under threat of either ruinous litigation or even state regulatory or prosecutorial action, to abandon any membership criteria. 

But then, you have the issue of who can join, and who can select members. 

When every organization is open to all, when there are no standards, when everyone can be a member, then in reality, no one is a member.

I am afraid that the larger, hidden agenda here is an assault on the right of association, the right of groups to privately associate, and thus an implicit attack on every cultural institution. The message: No institution is safe from assault, no group may enjoy a right to associate as it wishes.

The case of this one child in New Jersey is merely the sympathy-inducing deception, to distract observers from recognizing the deeper principles at risk. 

Eric Dixon is a New York City based corporate and investigative lawyer. 

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