A lift too far: Diamond no gem

I have sought to draw attention to the case of JaycCee Cooper v. USA Powerlifting. Filed in Ramsey County District Court and assigned to Judge Patrick Diamond, the case raises the question whether USAP’s separation of men from women in USAP’s Minnesota competitions must yield to Cooper’s self-identification as a woman. Although a biological male, Cooper seeks to compete with the ladies. Cooper alleges that USAP’s refusal to yield to his self-identification as a woman violates the Minnesota Human Rights Act and Judge Diamond has agreed.

As a famous king once said, that way madness lies. As if to prove the point — the point regarding madness — Judge Diamond seems to think the Minnesota Human Rights Act may vest him with authority to order USAP around all over the world. Having rejected the policy USAP crafted to comply with his ruling regarding Cooper’s right to compete in Minnesota under USAP’s auspices as a woman, Judge Diamond (in the third person) is mulling over the scope of the order he has yet to reduce to writing:

[T]here’s an issue that the Court will examine more carefully before it issues its written opinion relating to the extraterritorial reach of the policy. As the Court understands the [proposed USAP] policy, it applies only to competitions in Minnesota. It does — it would allow the USAP to continue selling memberships in the state of Minnesota while conducting competitions for which a membership is a prerequisite, but those competitions being outside of Minnesota could be conducted according to a policy essentially the Court assumes essentially the policy that was at issue in this case to start with. In other words, transgendered females are not allowed to compete in the female category. Right.

So there’s a question there. The Court will not — is going to reserve that so it has an opportunity to conduct some additional research on the question.

This quote comes from the transcript of the April 11 hearing (posted on April 28). Judge Diamond must still be stuck in the library as he considers the possibilities. As of this weekend, his oral order of April 11 is limited to shutting down USAP’s Minnesota operations. He has yet to file a written order resolving the extraterritorial effect of his ruling. In the meantime, USAP has appealed his oral order to the Minnesota Court of Appeals.

In the tweeted videos below, USAP president Larry Maile discusses the case.

Notice: All comments are subject to moderation. Our comments are intended to be a forum for civil discourse bearing on the subject under discussion. Commenters who stray beyond the bounds of civility or employ what we deem gratuitous vulgarity in a comment — including, but not limited to, “s***,” “f***,” “a*******,” or one of their many variants — will be banned without further notice in the sole discretion of the site moderator.

Responses