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Old 07-17-2017, 05:54 PM   #1 (permalink)
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The Republican obsession with genitalia

So, those funmeisters in Congress are at it again..

https://www.themarysue.com/hr-2796-anti-trans-bill/

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The bill reads: “The purposes of this Act are— (1) to prevent the executive branch from unilaterally rewriting Federal civil rights laws by enacting or implementing any policy or undertaking any enforcement action that is based on construing the term ‘sex’ or ‘gender’ to mean ‘gender identity’; and (2) to ensure that gender identity is not treated as a protected class in Federal law or policy without the affirmative approval of the people’s representatives in Congress.”

In short, they want to ensure that the executive branch can’t take any steps to protect transgender citizens. According to this bill, only Congress can pass a bill which includes or recognizes them. Guess I must’ve missed the part of the Constitution that designates “transgender rights” as the exclusive purview of the legislative branch!

The bill continues, just in case its exclusionary intent wasn’t already clear.

“In determining the meaning of any Federal civil rights law, and of any related ruling, regulation, guidance, or interpretation of the various administrative bureaus and agencies of the United States, the words ‘sex’ and ‘gender’ and their equivalents shall not be interpreted to mean ‘gender identity’ or its equivalent, and the words ‘man’ and ‘woman’ and their equivalents shall refer exclusively to a person’s genetic sex.”

A.K.A. in addition to pretending that trans people don’t deserve civil rights protections, this bill also pretends that intersex and non-binary people don’t exist. You’ll notice that the writers of the bill don’t define what they mean by “genetic sex” – and that’s because it’s famously difficult to define, with numerous factors involved. And many of these factors aren’t easy to check, even the supposedly “definite” and “binary” differentiators like chromosomes.

(For instance, I’m an AFAB cis woman myself, and I have zero accessible confirmation that I’m XX. Like, it isn’t exactly on my birth certificate or license. Nor should it be. So am I supposed to let the government run a DNA test any time I want to qualify for Title IX protections? To file a workplace discrimination lawsuit? Even if the bill wasn’t disgustingly transphobic, it would still be highly impractical and expensive to enforce. How does one “prove” one’s “genetic sex”?)

Lastly, the bill explicitly forbids extending any “protected class” protections to transgender people. “No Federal civil rights law shall be interpreted to treat gender identity or transgender status as a protected class, unless such law expressly designates ‘gender identity’ or ‘transgender status’ as a protected class.”

These affected civil rights laws include Title IX, the Civil Rights Acts of 1964, the Fair Housing Act, the Patient Protection and Affordable Care Act, and “any other Federal law or provision thereof prohibiting discrimination on the basis of sex or gender.”
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Old 07-17-2017, 06:29 PM   #2 (permalink)
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Is this a serious piece of legislation? I mean, does it stand any chance of success and, if it does become law, does it stand any chance of surviving judicial scrutiny by judges who, as the article suggests, might not be too keen on the idea Congress can unilaterally re-write the constitution (which is probably going to annoy Judge Gorsuch a great deal more than does protecting transgender rights annoy him)?

Or is it simply a bit of legislative theatre, designed to show the folks back home that their representatives are hard at work in Washington?
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Old 07-17-2017, 06:43 PM   #3 (permalink)
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They are literally trying to redefine gender. It is not the same thing as sex.
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Old 07-17-2017, 07:21 PM   #4 (permalink)
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Yes they can do this, however, since it is patently unconstitutional, depending on what sorts of Justices the SCOTUS has once this got to the Courts, well... it would most like be striken down, much the same as DOMA was.

The problem is, I'm not really sure how even the most conservative justice could think this is constitutional, much less point to where in the Constitution such is allowed - its fairly easy, I think, much like with same sex marriage, to point to where such protections already exist are in the Constitution. But I'm also not a lawyer.
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Old 07-18-2017, 01:42 AM   #5 (permalink)
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gender...

"[they] keep using that word. I do not think it means what [they] think it means"

also hasn't SCOTUS already ruled on this previously?
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Old 07-19-2017, 01:33 AM   #6 (permalink)
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speaking of an obsession with genitalia...

Steve Bannon Reportedly Attacked Paul Ryan As ‘A Limp-Dick Motherfucker’

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...who was born in a petri dish at the Heritage Foundation
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Old 07-19-2017, 12:56 PM   #7 (permalink)
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Okay, so maybe he is correct about this... but, even a broken clock is right twice a day!
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Old 07-19-2017, 10:49 PM   #8 (permalink)
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I am not a lawyer either, but I don't think you need to be one to see a problem here without considering the bill's intent.

It is this part:
Quote:
The bill reads: “The purposes of this Act are— (1) to prevent the executive branch from unilaterally rewriting Federal civil rights laws by enacting or implementing any policy or undertaking any enforcement action that is based on [. . .]
The Executive, Legislative, and Judicial branches are separated and defined only by the Constitution.
Congress does not have the authority to limit or otherwise decide the scope or powers of one of the other branches of government.
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Old 07-19-2017, 11:25 PM   #9 (permalink)
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Not directly related to the actual topic, but I have a theory about the republican genitalia obsession I felt I should share. You see, the brains of nearly all congressional republicans are infested with a form of burrowing insect linked into a hive mind that is attempting to destroy the human race. Since most of the insects are sexless drones, they find the concept of having genitalia of any kind such a novel idea that they spend far to much time and energy obsessing over it rather than getting on with the actual human extermination.

Yes I'm kidding, but try to tell me it wouldn't make republican actions of the last few years make sense...
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