Sunday, October 21, 2018

Trump Administration Eyes Defining Transgender Out of Existence

My thoughts on this breathless article:

1. This is not new news. We’ve long known that the Administration wants to wish us out of existence with the stroke of a pen. We’re ready.

2. They will find it very hard to put the genie back in the bottle. Now that we are so far out of the shadows, with young people coming out by the thousands, and millions of Americans recognize our humanity, we have vocal supporters and allies among the people and among the powerful.

3. The call for a return to “science” by defining sex as only “biological” contains the seeds of its own destruction. Every competent scientist recognizes that “sex” is a much more complicated subject than the Administration is stating, and the effort to dispute this is attempting to hold back the ocean with a teaspoon.

4. The conservative judicial philosophy requires interpreting words of a statute, such as “sex,” according to the current meaning. (The Constitution, by contrast, is given its "original" meaning because it is a "fundamental" document.) As Justice Scalia said: "Statutory prohibitions often go beyond the principal evil to cover reasonably comparable evils, and it is ultimately the provisions of our laws rather than the principal concerns of our legislators by which we are governed." Whatever Congressmen may have thought in 1964, “sex” has long been defined to include “gender.” Shall we go back to the days when women not deemed sufficiently feminine by their employers are unprotected from discrimination? Not a good look.

5. If our new Supreme Court retreats from reality and upholds restrictive new definitions of sex, it will cause a severe backlash that will result in trans rights gains in other areas.

6. We have a federal system, and dozens of states have already legislated in our favor. We will continue to have legal rights regardless of what the feds do.

7.  We have long lived and thrived under much harsher conditions, and we are resilient af.

8. We will fight.

See this link: