On Wednesday, a divided panel of the New Orleans-based U.S. Court of Appeals for the Fifth Circuit ruled, in 2–1 fashion, that a transgender litigant — a biological male who suffers from gender dysphoria and subjectively feels that he is a female — cannot require a court to address him using female pronouns.
The case, U.S. v. Varner, pitted Reagan nominee Judge Jerry E. Smith and Trump nominee Judge S. Kyle Duncan in the panel majority, against Clinton nominee Judge James L. Dennis as the lone dissenter. What made the opinion particularly fascinating was that Duncan’s majority opinion used male pronouns, whereas Dennis’ dissent used female pronouns.
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