In his latest opinion, Duncan willfully misgendered a trans woman and said using correct pronouns would show bias.
The fourth installment is about Kyle Duncan, a culture warrior who spent his pre-judicial career attacking the rights of same-sex couples and their children, transgender students, women, minority voters, and immigrants.U.S. Circuit Court of Appeals. Duncan was confirmed to a lifetime appointment on the 5Circuit on April 24, 2018; today, he is one of five Donald Trump appointees on that court. He previously served in both the Texas and Louisiana attorney general’s offices.
In a 2–1 decision, Duncan denied both of Jett’s requests. He first refused to revise her name on court documents on technical grounds, finding no authorization under federal law to consider the motion. Then he embarked upon a five-page screed that willfully misinterpreted Jett’s entreaty to be “referred to as” a woman. Duncan claimed that Jett demanded an order forcing the lower court and the government to use female pronouns under threat of contempt.
Duncan did acknowledge that judges have discretion to use the right pronouns, but refused to do so here, for the most trollish of reasons. He wrote that federal courts must sometimes decide “hotly-debated issues of sex and gender identity,” and that using a transgender litigant’s preferred pronoun may “unintentionally convey” a judge’s “tacit approval of the litigant’s underlying legal position.
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