Texas Daughters of the American Revolution chapter challenges requirement to admit transgender members.

The Daughters of the American Revolution (DAR) organization, which permits transgender individuals to join its chapters, has maintained that this policy is crucial for DAR to retain its tax-exempt status. However, a Texas chapter is contesting this claim with the assistance of the Center for American Liberty (CAL).

According to a memorandum reviewed by Planet Chronicle Digital, CAL drafted a letter to DAR leadership, stating that a policy excluding natal men, including those who identify as women, from membership eligibility is legal and would not put the DAR's tax-exempt status at risk.

In September 2024, the Martha Laird Chapter, with the support of 11 other chapters, submitted a proposed bylaw amendment to exclude men, including trans-identifying men, from DAR membership eligibility.

"The proposed bylaw states that a woman is defined as a biological female at conception, with naturally occurring X chromosomes and no Y chromosomes, and is certified as female or girl on the original birth certificate. Additionally, NSDAR and its chapters are prohibited from discriminating against any eligible applicant."

The DAR Board of Management will discuss the proposed bylaw amendment at its next meeting on Feb. 8. If approved, the amendment will be presented to the full DAR membership for a vote at the Continental Congress this summer.

"Laura McDonald, a member of the Martha Laird DAR Chapter, stated to Planet Chronicle Digital that they will keep doing it annually until they receive a vote at the Continental Congress. She believes that this is the only fair and transparent way to handle the situation."

The Martha Laird DAR Chapter in Texas asserts that members of the organization are entitled to exclude trans-identifying men from eligibility under the First Amendment.

The DAR's First Amendment rights would likely be violated if state and local public accommodation statutes require the DAR to admit trans-identifying men, as this would interfere with the DAR's ability to advance its intended message.

The DAR, a genealogical association that limits membership to natal females, is unlikely to lose its nonprofit status as it does not violate national public policy.

"According to the memorandum, the IRS has never revoked a sex-based organization's nonprofit status due to excluding trans-identifying men from membership eligibility. Additionally, the DAR currently excludes men who do not identify as transgender from eligibility."

The exclusion of men from a private organization's membership rolls is typically prohibited by public accommodation laws, yet to the best of our knowledge, the IRS has never considered this exclusion to be contrary to national public policy.

In 1890, the Daughters of the American Revolution (DAR) was established as a women's organization dedicated to honoring Revolutionary War patriots and preserving history. Since women were not allowed to join the Sons of the American Revolution, the DAR provided a platform for women to honor their ancestors who fought for American independence. Members of the DAR must trace their lineage back to these patriots.

"Since our founding, we have excluded men, which should have resulted in the loss of our nonprofit status or the inability to obtain it," McDonald stated.

In June 2024, former DAR member Brenda Becker spoke with Planet Chronicle Digital about her resignation from the organization in protest following bylaw amendments that prohibited discrimination against eligible applicants based on race, religion, sexual orientation, national origin, age, disability, or any other characteristic protected by applicable law. This led to criticism that biological men identifying as transgender women could be part of the group. However, the organization clarified that this was already the case.

"This is the epitome of gaslighting because, firstly, they claim that nothing has changed in their admissions process from the beginning, when they were founded in 1890, and only women are eligible for membership. However, they also state that a man who identifies as a woman is a woman and therefore eligible for membership. On the other hand, if you are a man who does not identify as a woman, you are not eligible for membership."

Last year, some members of the organization expressed confusion about whether transgender women could join due to the updated language's vagueness. In response, the organization's leadership clarified in a document titled "Answers to Frequently Asked Member Questions Regarding Transgender Women in DAR" that transgender members were indeed allowed to join.

Over 500 members and former members of the DAR have sent nearly 3,000 messages to DAR leadership expressing discontent with the bylaw change announced during the 2023 Continental Congress, according to the New Tolerance Campaign. Members against the change argue that unless the bylaws are reversed, they will be forced to share changing rooms, restrooms, and hotel rooms with biological males.

Becker stated to Planet Chronicle Digital that she and other women feel deceived, and she found it ironic that one can join the DAR using an altered birth certificate despite membership being contingent on accurate biographical records.

McDonald stated that her chapter's new proposal demands either a DNA test to verify the applicant's female gender or a sworn statement that the birth certificate submitted has not been tampered with in terms of sex. She emphasized this point because the organization generally does not accept altered birth certificates as proof of admission.

"McDonald stated that if he adopted a little girl, she would not be able to use her altered birth certificate to join the DAR through his line, as she would need to retrieve her original birth certificate and go through additional steps to prove her biological connection, unlike other applicants."

The DAR is stating that if your state has issued you a new birth certificate, it is an amended birth certificate, not an original, but it indicates that you are female, and we will accept it. We will not require you to search for your original document.

"If you have been adopted and your birth certificate indicates that your mother has lineal descent of a patriot but she is not your biological mother, you cannot use that as proof. Instead, you must go through additional steps," she stated. "In my opinion, that is a form of discrimination."

McDonald also believes that the cultural tide is shifting.

McDonald stated that the trans ideology, which aims to have men enter women's spaces, is becoming less popular and less accepted.

Eric Sell, an associate litigation counsel with the Center for American Liberty and Schilman Legal Fellow, concurred with the analysis, stating that it is widely unpopular among DAR members to permit men and transgender-identifying men to join the organization.

"The bylaw amendment failed last time because members were told they had to comply or face losing their nonprofit status or legal consequences," he stated.

The DAR has a First Amendment right and can use it as a defense if a government actor brings an enforcement action against them, as per case law.

The Daughters of the American Revolution have not responded to Planet Chronicle Digital's request for comment.