by James A. Bacon

It is widely said that the United States is experiencing a cultural counter-revolution — or a return to sanity, if you prefer to phrase it that way. But if you have any delusions that the cultural revolutionaries are on the run, you need to know that they are as active as ever in our elite institutions of higher learning, feverishly elaborating upon ideologies that strike the rest of us as out of touch with reality.

As an example, a correspondent has brought to my attention an article in the University of Virginia’s Virginia Law Review entitled, “Gender During Pregnancy, and Abortion As Gender-Affirming Care.”

The article explores the legal implications of biological females identifying as males… and then becoming pregnant. What rights should such people have in the realm of reproductive healthcare?

A sample:

In most discussions about reproductive freedom—including legal discussions—people who are pregnant are referred to as pregnant women or as female. … And though transgender men, nonbinary people, and gender nonconforming people can be pregnant, the vast majority of laws and healthcare resources regarding reproductive rights assume, implicitly or explicitly, that the only people who are pregnant are cisgender women. … This false assumption can and often does lead to disparate treatment in the provision of reproductive healthcare, from insurance companies that require a trans person to wait longer for fertility coverage to be triggered to an intake form for new pregnant patients assuming that all patients are women.

Yes, this is the kind of dilemma that preoccupies law students at UVA. One can dismiss such theorizing as the musings of a tiny, cosseted minority and of no practical import. But graduates of elite law schools mature into practicing attorneys, law partners, and high-court judges who shape the law.

Thus, the obsessions of a tiny percentage of the population, perhaps one percent, can re-work law that has evolved over centuries to accommodate the needs of the 99 percent. Meanwhile, such questions as the custodial rights of fathers over their children — affecting far more people — go unaddressed because the challenges facing working class Americans are of no interest to the cultural elite.

Here in Virginia, the culture wars are far from over. We haven’t even reached a tipping point.

Republished with permission from Bacon’s Rebellion