The Daughters of the American Revolution (DAR), a historical lineage-based organization, is facing an internal debate regarding its transgender inclusion policy. A Texas chapter, supported by the Center for American Liberty (CAL), is challenging the DAR's stance, arguing that excluding biological males, including those who identify as transgender women, would not jeopardize the organization's tax-exempt status and is protected under the First Amendment.

The Martha Laird Chapter, along with eleven other chapters, has proposed a bylaw amendment defining "woman" as "a biological female at conception" and asserting that the DAR should not discriminate against eligible applicants based on this definition. This amendment will be reviewed by the DAR Board of Management in February and, if approved, will be presented to the full membership for a vote this summer.

CAL contends that the DAR's members have the constitutional right to define their membership based on biological sex. They argue that compelling the DAR to admit transgender women would infringe upon the organization's First Amendment rights. Furthermore, CAL asserts that excluding transgender women from membership does not violate national public policy, citing the IRS's historical lack of action against sex-based organizations with similar policies. They point out that the DAR has always excluded men who do not identify as transgender, a form of sex-based discrimination typically prohibited by public accommodation laws, yet the organization has maintained its tax-exempt status.

This challenge arises amidst ongoing debate within the DAR regarding transgender inclusion. The organization's current policy, which permits transgender members, has sparked controversy and resignations among some members. Critics argue that this policy contradicts the DAR's historical mission and creates uncomfortable situations for members, particularly concerning shared facilities. They also point to the irony of accepting amended birth certificates for transgender applicants while requiring adopted individuals to provide original birth certificates to prove lineage.

The proposed amendment also includes a requirement for either a DNA test or a sworn statement confirming the unaltered status of the birth certificate used for application, a measure intended to address concerns about document accuracy. This contrasts with the DAR's acceptance of amended birth certificates for transgender applicants, a discrepancy that some members find discriminatory.

Proponents of the amendment believe public opinion is shifting against transgender inclusion in women's spaces. They argue that the DAR's leadership is misrepresenting the situation by claiming the admissions process hasn't changed while simultaneously asserting that transgender women are eligible. They believe that the bylaw change was driven by external pressures, not the will of the membership.

The DAR has not yet responded to requests for comment on this developing situation.