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Disgraced film mogul Harvey Weinstein, who is already serving more than two decades in prison for a rape conviction in New York, faces new sex crimes charges in Los Angeles in a trial that could last several weeks. Jury selection began Monday in the sprawling case that could further the downfall of Weinstein, the once-powerful Hollywood producer. The new trial is also likely to throw a spotlight back on the #MeToo movement, which spurred a reckoning over sexual assault in the movie industry and across a breadth of workplaces and institutions. Prosecutors i Allowing Biological Males in Women's Sports is Scientifically Unsound | Opinion There is no argument that a person's sex is determined at the moment of conception, and that fertilization of an egg occurs with either an "X" or "Y" sperm cell, which will only determine one of two sexes. Following conception, the development pathways of males and females diverge immediately and substantially, right down to a cellular DNA level. These bifurcating pathways endure throughout an individual's lifetime. Every single nucleated cell in the human body has 46 sex-specific "XY" chromosomes (denoting biological male sex) or "XX" chromosomes (denoting biological female sex). These nucleated cells in turn have sex-specific functions which guide their development and biological function. Indeed, sex is not just "skin deep." It persists down to a microscopic, cellular level, and biological sex is indicated within the 100 trillion (or so) cells in the human body. Bottom line: the indelible imprint of biological sex—determined in utero and at the moment of conception—is not scientifically or clinically possible to alter. This physiological difference cannot be suppressed by any amount of synthetic hormones or "puberty blockers"—known scientifically as "gonadotropin-releasing hormone agonists." HHS's Office of Population Affairs (OPA) says their use in children is "safe" and "reversible" in its widely touted official, final guidance document. Recently, however, even the scientifically pliant FDA has warned the drugs can cause life-threatening brain swelling, headaches, vomiting, a host of visual disturbances (including blindness), and tumor-like masses in the brain. This admission made clear OPA's dereliction of its duty to science.
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One doesn't have to be a specially trained FDA drug safety expert to know that using pharmacology to fight the biological programming of trillions of nucleated cells in the human body is going to have serious consequences. A recent review of two dozen medical studies published in the British Journal of Sports Medicine explains the athletic advantages of XY chromosomes at a cellular level. It shows that biological males have advantages in muscle mass, lean body mass, muscle strength, and two measurements of endurance (hemoglobin and hematocrit), plus the indirect measures of efficacy of oxygenation transportation and delivery. While synthetic estrogen and anti-testosterone pharmaceuticals have been shown to slightly decrease these parameters—and even if normal male testosterone levels are absent at the time of competition—inborn advantages from the latent effects of a lifetime of testosterone persist. The article concludes "values for strength, [lean body mass] and muscle area in transwomen remain above those of [biological] women, even after 36 months of hormone therapy." Testosterone exposure during puberty increases present and future exercise performance and muscle stamina, and muscle stamina is influenced by oxygen consumption. Males have physiologically wider airways due to testosterone exposure. According to researchers in the journal Breathe "The greater oxygen cost of breathing in women means that a greater fraction of total oxygen uptake and cardiac output is directed to the respiratory muscles, influencing exercise performance." The fairly obvious outward dimorphism between males and females are just some of the many physiologic and metabolic differences between sexes—which are exactly what sex-specific sports were designed to correct for. If you thought athletes like UPenn swimmer Lia Thomas are something new, you would be mistaken. In fact, men trying to enter women's sports is a decades-old phenomenon. Men trying to participate in women's sports historically used to be refused well before they got anywhere near the point of competition. Media reports exist at least as far back as the 1930s of men masquerading as women in order to participate in women's sports and acquire ill-gotten fame. Because this problem has persisted over time, and in an attempt to prevent it, regulations governing the participation of athletes across the biological sex binary have existed since the 1940s. Surreal progressive colleges, universities, and athletic organizations want to ignore biology and encourage the Kafkaesque. This trend denies America's women fair competition for a chance at victories. While it appears a fleeting few professional organizations such as USA Cycling are finally beginning to figure it out, it's nowhere near enough. The scientific answer will always be to have both biological male and biological female sports Dr. David Gortler is a pharmacologist, pharmacist, and FDA and health care policy oversight fellow and FDA reform advocate at the Ethics and Public Policy Center think tank in Washington, DC. He was a professor of pharmacology and biotechnology at the Yale University School of Medicine. He was later appointed as senior advisor to the FDA commissioner for drug safety, FDA science policy, and FDA regulatory affairs. n Los Angeles County laid out the scope of the charges in an 11-count indictment that accuses Weinstein of sexually assaulting five women in separate incidents from 2004 to 2013. The trial will cover four counts of rape and seven counts of sexual assault, and the women will be identified during the proceedings as Jane Does 1 through 5. At least one of the women who plans to testify has come forward publicly: former actor Jennifer Siebel Newsom, the wife of California Gov. Gavin Newsom. Representatives for Siebel Newsom told NBC News that she will take the stand as Jane Doe . Backpage Dating Services In court Monday, he entered in a wheelchair through a side door, and climbed from it carefully into a seat next to one of his lawyers at the defense table. He was wearing a blue suit, which he is allowed to change into from his jail attire during the trial. The outcome of the Los Angeles trial may prove pivotal in the broader case against Weinstein, after the New York State Court of Appeals agreed in August to allow him to appeal his conviction of third-degree rape and one count of first-degree criminal sexual act, clearing the way for oral arguments before the full court next year. If his conviction in New York is upheld, Weinstein would continue to serve the rest of his 23-year sentence. If it is overturned, his fate behind bars would depend on whether he is convicted in Los Angeles. Weinstein has maintained he is innocent of the various accusations, and he has said in a previous statement through a spokesman that he is “so grateful to my attorneys for working hard and smart on this,” adding, “Their hard work will help me prove my innocence in the end.” Weinstein is being represented by a different legal team in Los Angeles than in New York. One of his attorneys, Mark Werksman, has not said whether Weinstein will testify or named any of the defense witnesses he may call. At a pretrial hearing, Werksman indicated Weinstein is already disadvantaged by an onslaught of criticism and bad press. “This case is unique,” Werksman said, according to The Associated Press. “Mr. Weinstein’s notoriety and his place in our culture at the center of the firestorm which is the #MeToo movement is real, and we’re trying to do everything we can to avoid having a trial when there will be a swirl of adverse publicity toward him.” The initial conviction in New York stemmed from allegations made by two women: former aspiring actress Jessica Mann and former “Project Runway” model Mimi Haley. In all, more than 100 women have accused Weinstein, the Oscar-winning producer behind “Pulp Fiction” and “The King’s Speech,” of sexual misconduct going back decades, although the charges in New York were based primarily on allegations from Mann and Haley, who each took the stand at his trial. In the Los Angeles case, Weinstein has been charged with raping a woman at a hotel sometime from September 2004 and September 2005, raping another woman on two separate occasions in November 2009 and November 2010 at a Beverly Hills hotel, sexually assaulting another woman at a Beverly Hills hotel in May 2010 and sexually assaulting two women in 2013 in separate incidents. It was during Oscars week in 2013 — when Jennifer Lawrence would win an Academy Award for the Weinstein Co.’s “Silver Linings Playbook” and Quentin Tarantino would win for writing the company’s “Django Unchained” — that four of the 11 incidents are alleged to have taken place, according to dates set forth in the indictment. NBC News and MSNBC legal analyst Danny Cevallos said prosecutors may be challenged to meet their burden of proof by the fact that some of the allegations stretch back nearly two decades. But Los Angeles County Superior Court Judge Lisa Lench ruled at a pretrial hearing that four other women can also testify as witnesses for the prosecution about “prior bad acts” Weinstein is alleged to have committed. The defense, however, could use such legal maneuvering on appeal, Cevallos added. “Proceed with caution, prosecution,” he said. “Use prior bad acts evidence at your own risk.” Siebel Newsom accused Weinstein of "aggressive advances" in a HuffPost essay in 2017. Other details about Siebel Newsom's interactions with Weinstein have not been publicly known, although the indictment says Weinstein was charged with rape and another count of sexual assault against Jane Doe 4 in an incident that occurred between September 2004 and 2005. Siebel Newsom shares four children with her husband, whom she married in 2008, and has gone on to direct documentaries on gender in society. "Like many other women, my client was sexually assaulted by Harvey Weinstein at a purported business meeting that turned out to be a trap," attorney Beth Fegan said in a statement. "She intends to testify at his trial in order to seek some measure of justice for survivors, and as part of her life's work to improve the lives of women. Please respect her choice to not further discuss this matter outside of the courtroom." Investigative journalists at The New York Times and The New Yorker first reported a flood of allegations against Weinstein five years ago, fueling the global movement to expose sexual misconduct by powerful men in entertainment, the news media, finance and other high-profile industries. Another high-profile Hollywood-linked trial resumes this week in New York, where “Star Trek: Discovery” star Anthony Rapp is suing Oscar-winning actor Kevin Spacey. In the civil trial, Rapp accused Spacey of sexually abusing him in 1986, when Rapp was 14 and Spacey was 26. In court papers before trial, Spacey has denied that the incident occurred.