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Eugene Delgaudio To School Board: There are "limitless" legal liabilities to proposed policy

January 10, 2017

For the record:members of the School Board,

Dear School Board

I wrote you December 9, 2016 and in my "for the record testimony", I remarked:

"Since there are many (52 to 160?) sexual orientations in various definitions from these same advocates, expect the special counselors required in each school district to mushroom. Again check the major cities that follow this madness." My new legal brief updates that!

The litigation I refered to throughout the previous testimony makes references to 18+ current federal lawsuits. I made reference to other litigation but the current legal issues involving a former band leader and the rightful and proper consideration of a dismissal of a principal at Dominion HS is Exhibit A for this discussion too.

With 18 federal cases pending on this "definition" of sexual orientation or gender, you can not possibly draw any other conclusion but to steer clear of legal trouble due to the financial risks.

Confusion about sexual orientation and now, today, gender, is a treasure trove for activists seeking to advance their agenda at the cost of the taxpayer and the willful placement of this disruptive and costly measure being considered will be a source of great financial damage to your ability to control your legal and human resource budget.

Adult activists and lawyers fuel this. Today they claim it is not for a children's just a harmless employee policy. Tomorrow they will be back and you will be, once again, ignoring the legal and moral costs.

These same activists will push for litigation tomorrow, on behalf of school children, based on the "employee" rights you may extend to "sexual orientation and gender" rights today.

And you will become part of the lies just as President Obama has become part of the lies in spreading this propaganda on behalf of a special interest which I proved in a recent Freedom of Information Act request that I refered to earlier in my Dec. 9 letter.

Besides the current potential litigation the School Board has on its agenda regarding the alledged "sexual orientation" abuse by an adult employee now employed in another state, I bring to your attention 18 other federal law suits regarding "transgender issues".

I am attaching a full list of these transgender cases as they make the "allegations" of sexual orientation abuses rampant in America's school system seem less complicated. Criminal convictions pile up but they are straightforward investigations of established federal or state laws on child abuse. (Attachment One).

I would attach examples of abuse but the U.S. Congress's GAO office did a research paper on that topic and I recommend a reading of that.

The 18 federal cases stretch from Texas to Virginia (yes here in our Commonwealth) deal with the school polices or insufficient school policies being litigated at present due to the absurd Obama Administration "letters" (not regulations or law).

In the Glouchester County, Virginia case currently pending before the U.S. Supreme Court: from page five of my amicus brief: " Defining "sex" to equate to "gender identity," the (Apeals Court) panel turned the statute on its head, essentially permitting the DOE to repeal the statute through "interpretation."

One Texas federal judge already threw out the Obama regulations as not pertaining or relevant to any written federal regulation or law.

But the Glouchester case is in a different district, our Virginia federal district and our Appeals Court and is headed to the Supreme Court right now.

My lawyers have filed a brief today and will release it once it is accepted by the U.S. Supreme Court. I will quote from the description possible of gender, in part, at the end of this letter. (Addendum One)

The definitions according to Facebook of sexual orientation and gender is limitless under the recent actions of Facebook the social site. The Appeals court in this jurisidiction removed the word "sex" in the dictionary definition in its current ruling.

You are an old out of date type of person -- obsolete-- if you think like the "old days" when Facebook had 58 slots and then later 71 descriptions for gender and sexual orientation.

If you want to understand "special rights" in the current bizarre arguments in public legal proceedings, you have to expand to "limitless" the definition of sexual orientation or gender.

That means, you also have to expand your legal budget in a limitless fashion as well, as you, the School Board, will not be able to keep up with this limitless possibilities of law suits from employees. Or school children who will be offended in the future for not addressing their "sexual orientation" or "gender".


Eugene Delgaudio
Supervisor Sterling District, Retired (2000-2015)
President (title for disclosure)
Public Advocate

Attachment: Federal Court Listing of pending Federal Cases involving Transgender Issues

Addendum One

Quote from Amicus Brief before the Supreme Court prepared by lawyers for
Eugene Delgaudio in his capacity as President of Public Advocate regarding "sexual orientation" or gender having 58 gender options and 71 preferences on facebook previously but is now "limitless".

Today's Sex Smorgasbord - Something for
Everyone? (random sequence numbers refer to footnotes)

In a case such as this, even a statement of the
issue presented requires a definition of terms.
Generally, one's "sex" is defined as "a person's
biological status." Until the last few years, a person's 11
sex was generally considered an objective fact, but now
some assert that it is arbitrarily "assigned at birth."
The term "gender" historically was either used as a
synonym for "sex," or else referred to whether nouns in
Romance language denominate masculine, feminine,
or neuter. Today, however, "gender" is increasingly

described as "a person's private sense and subjective
experience," while one's "sexual orientation" is 14
defined as a person's "emotional and sexual attraction
to a particular sex or gender." In short, these days 15
"sex" is who you are, "gender" is how you feel
about who you are, and "sexual orientation" is who
you like.

Throughout human history, sex has been binary -
male or female. So-called "advances" in medicine 16
have provided an opportunity for some to create
confusion. Men these days can be surgically
manipulated to appear as women, and women as men,
through "sexual reassignment surgery." Scientists

claim to have developed artificial wombs, which 18
presumably could in the future be implanted into
males to allow them to "give birth." Researchers even
believe they could create a "male egg" so that two men
could "conceive" without the aid of a woman. And 19
"three parent babies" are now all the rage. One day 20
science may be able to clone individuals or enable a
person to manipulate biology to such a degree so as to
"conceive" a baby without the aid of another human
being - creating something of a high tech
hermaphrodite sex akin to the reproduction of the
common garden snail.2

"Sexual orientation" generally was delineated into
heterosexual (straight) and homosexual
(gay/lesbian or "queer"). To that was added
"bisexual" (attracted to both men and women),
"pansexual" or "omnisexual" (attraction to all
genders), and "asexual" (not attracted to anyone or
anything). Indeed, some academics and activists

today question whether "zoophilia" (sexual attraction 23
towards animals) and "pedophilia" (sexual attraction 24
towards children) are legitimate sexual orientations,
reminiscent of the pederasty of ancient Greece. Large
interest groups have formed around this ever-changing
sexual nomenclature.25

The idea of "gender" is evolving to the point where
it can encompass anything the mind can conceive.

In February of 2014, Facebook added 58 gender options
to its users' profiles. By June of that year, UK 26
Facebook users could select from 71 options. By 27
February of 2015, Facebook no longer defines gender
at all, allowing each person to choose one's own gender
instead of being "pigeon-holed" by only 71 options. In 28
a blank space provided, a Facebook user can become

any "gender" that one wishes, subject only to the limits
of expression on the ASCII keyboard. Perhaps one of
the most interesting genders offered is the Native
American "two-spirit" gender, which includes both
male and female elements. Although it is easy to be 29
diverted into gender studies, the task at hand is to
discover the meaning of "sex" as used in a federal
statute, not as used in an academic discussion.

End of Quote from Amicus Brief filed but not approved
by the U.S. Supreme Court

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