11 states sue US govt over transgender bathroom directive
43 replies, posted
[QUOTE=Silence I Kill You;50391213]I don't care which bathroom people use. However, there is SOME weight to their arguments.
Title IX says this:
And then goes on to list exceptions to this amendment. Note the use of the word "sex", not "gender".
Obama's administration produced a guideline, which basically says that "gender identity" is also protected under this law. This is, of course, completely and absolutely false as the law says nothing about gender or gender identity. The bill specifically protects against discrimination based on "sex".
So in a sense, the states DO have a case against the administration for overreach, because the executive branch was created to enforce law, not change law as it sees fit, and this could be interpreted as an attempt to change/create law.[/QUOTE]
Other parts of the law protects based on being a minority which lgbt has been ruled a protected minority in other cases. It's not specifically title 9
However one could argue that targeting transgendered individuals is the same as sexual discrimination due to the vague nature of the laws, especially since actual women have been barred from bathrooms because of this bill for not fitting some standard of being woman
[QUOTE=Sableye;50391384]The law also protects based on being a minority which lgbt has been ruled a protected minority in other cases[/QUOTE]
This is true, I agree. However, the directive explicitly references Title IX as the basis for it's conclusion, which does not.
[QUOTE=Silence I Kill You;50391404]This is true, I agree. However, the directive explicitly references Title IX as the basis for it's conclusion, which does not.[/QUOTE]
I think they're going to cite how these laws disproportionately affect women too because there have already been cases of women being harassed and assaulted for not looking feminine enough which is clear sexual discrimination caused by the nature of this law
Also by leaving this up to vigilantism they are probably on thin ice anyways, the courts can't really justify the enforcement mechanisms
[QUOTE=Kyle902;50390971]A good part of me is glad that I'm gonna be leaving the US soon. The situation for trans peope seems to bw getting worse[/QUOTE]
really depends on what state you're in
[QUOTE=Sableye;50391410]I think they're going to cite how these laws disproportionately affect women too because there have already been cases of women being harassed and assaulted for not looking feminine enough which is clear sexual discrimination caused by the nature of this law[/QUOTE]
True, however the discrimination isn't from the institution in that situation, but from private individuals which the institution isn't responsible for, and this directive would do nothing to fix.
[QUOTE]Also by leaving this up to vigilantism they are probably on thin ice anyways, the courts can't really justify the enforcement mechanisms[/QUOTE]
Could you explain what you mean in this statement or add more context? I can't seem to figure out what you're trying to say.
[QUOTE=Silence I Kill You;50391701]True, however the discrimination isn't from the institution in that situation, but from private individuals which the institution isn't responsible for, and this directive would do nothing to fix.
Could you explain what you mean in this statement or add more context? I can't seem to figure out what you're trying to say.[/QUOTE]
idk how this law is any different from jim crow laws of old'en days, those were up to private owners too but they were deemed illegal
[QUOTE=theevilldeadII;50390647]Wow, There pathetic why do they care so much where one person goes to the bathroom and the fun thing is because of there recent bullshit real women (by there standards i guess) are being harassed because of this bullshit which is the ironic part,.[/QUOTE]
"Why does the federal government care so much where one person goes to the bathroom? Because of this executive mandate, real women are being harassed because of this bullshit!"
This bathroom thing is still going on? Trans people in bathrooms wasn't even an issue up until a few months ago.
[QUOTE=Silence I Kill You;50391701]True, however the discrimination isn't from the institution in that situation, but from private individuals which the institution isn't responsible for, and this directive would do nothing to fix.[/QUOTE]
On this count I'd like to point out that, on a mass psychological scale, people develop policy positions based on elite (political, religious and media) discourse. Often times, they take positions on issues which don't even affect them because elites deem them to be important. In political science, they sometimes call this "problemization."
While I'd say you're right in that it isn't the so-called nature of the law which is causing individuals to discriminate based on their own initiative, I would say that it's the existence of the law itself, the steadfast commitment of conservative lawmakers to discriminate against a vulnerable minority group, and mass media promotion of the story as a "campaign year issue" that are causing ordinary people who aren't normally troubled by the existence of transgenderism to take action into their own hands and spread intolerance.
You can try to wipe the guilt off the conservatives for the side-effects of the policies they pass by blaming individuals, but the simple truth of the matter is that the more discriminatory our laws are, the more discriminatory our people will become. It's a classic case of "monkey see, monkey do."
Alabama resident here.
Sorry guys, we aren't all retarded
I don't think i've ever heard anyone against this say they don't want someone legitimately transgendered using a different bathroom. It's entirely related around the pedo-phobia our country is rampant with where it's automatically assumed any male is constantly resisting the urge to diddle kids.
[QUOTE=Sableye;50391211]I wouldn't be too hasty your governor is a moron, who already has promised to do stupid partisan stuff that will cost your state tons of cash and waste resources
I expect Ohio will probably sign on too soon since kasich wants to be on the ticket[/QUOTE]
Kaisch is the only Republican I know of that isn't a complete monster, if there's any republican I'd be least expectant to do something like this it's him. Who knows though, maybe my faith is misplaced.
[QUOTE=Dr McNinja;50395179]I don't think i've ever heard anyone against this say they don't want someone legitimately transgendered using a different bathroom. It's entirely related around the pedo-phobia our country is rampant with where it's automatically assumed any male is constantly resisting the urge to diddle kids.[/QUOTE]
It's less that and more of a continuation of the homophobic panic in the 1950's with "THE GAYS ARE GONNA RAPE OUR KIDS!!!!!!" shit, just this time "Gays" have been replaced with "Trans"
[QUOTE=Lysander32;50395840]Kaisch is the only Republican I know of that isn't a complete monster, if there's any republican I'd be least expectant to do something like this it's him. Who knows though, maybe my faith is misplaced.[/QUOTE]
He's been artificially changing his views to be more conservative in areas in order to counter Trump's semi-centrist views in regards to LGBT, since he more or less just ignores it. Though he's no longer in the race, Kasich can't just go back on his views, so he's swallowing the bitter pill of pandering to the tea party.
[editline]26th May 2016[/editline]
He's a classical politician
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