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TJ's avatar

WPATH calling its statements opinions actually shouldn’t be surprising when you consider the context of the filing: This is a motion to dismiss in a lawsuit accusing WPATH of fraud.

Under civil law, a successful fraud claim requires a false statement of material fact. Opinions generally do not count as fraud under civil law because they are inherently subjective and therefore cannot be objectively proven true or false.

As a result, it is extremely common and routine for defendants in fraud lawsuits (especially during motions to dismiss) to argue that the allegedly fraudulent statements are actually opinions, because if that can be proven to be the case and the judge accepts it, then the lawsuit will almost certainly be dismissed since that would essentially mean no fraud occurred.

Likewise, attempting to frame the allegedly fraudulent statements as “free speech” is another very common defense in fraud lawsuits that can be highly effective in getting a case dismissed if the judge accepts it.

None of this actually means WPATH has changed its positions. They’re just saying what they need to say to give themselves the best chance of getting the lawsuit dismissed.

I’m actually pretty surprised by how surprised other people have been at this court filing as if it’s a new position formal statement or something when it’s not… This is unfortunately just a common defense strategy in lawsuits. There’s unfortunately nothing unusual about it…

Anon's avatar

Thank you again for this comprehensive round up of developments. It reads positive at least. Everything seems so…two steps forward one step back 🙏

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