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Transgender Rights Are Not Up For Public Debate

Category: Gay Rights
Posted: 02/23/17 15:54, Edited: 02/23/17 17:01

by Dave Mindeman

This idea of local control in regards to the transgender issue is not sound policy in any way, shape or form. It is laughable.

When Trump or any GOPer says that the issue of transgender bathrooms, or any other issue involving transgenders, is up to the local jurisdiction, what they are really saying is that transgender discrimination is entirely determined by the number of biased individuals in any given place. And can be changed from one place to another.

What if black civil rights (voting rights) had remained "locally controlled"? What we had was states or Congressional districts denying the rights of black citizens because they had the majority of white people wanting it that way. It sounds incredulous when you think about it, but that is what we had.

And we are going that same route with transgender ideas. A person may face completely different rules when moving from one place to another. The fact that this could happen should be, by definition, a civil rights violation.

I do not understand why this is not obvious. We talk of local control in education, but when it is local property taxes that pay for that education, the argument has more validity. But the simple idea of going to the bathroom for any individual person should not, and cannot, be up for public debate.

Reversing the Obama guidelines is a targeted act. It is meant to hurt an individual group of Americans. It is pursuing a policy that violates basic human decency and privacy.

If that is where we are headed in our future, then we have gone down the wrong road altogether.
comments (7) permalink
09/07/17 10:05

02/24/17 02:35
Yes. All people have rights. The same rights. And singling out a group to remove rights is a violation of the Constitution.
02/23/17 23:45
If Sessions goes after pot, my guess is that it will be a Trump strategy to turn up the flames on Congress to get those partisan fools to remove Hemp as a Class III drug. No better way to spark a HUGE flame under the backsides of legislature and congress than to piss off a whole bunch of very good people.

OMG, if they make this a partisan issue, everybody loses. I have a family member going through stage 4 cancer and the chemo was working but the treatment made life impossible. Mid way through they stopped. Started treating with cannabis and restarted treatments. So far so good, it is working! Saving lives and making treatment possible.
02/23/17 23:28
Sessions going after pot smoking is one thing. Going after MN is ridiculous. It's not going to happen. It's already WWIII out there and turning up the flames on legal hemp won't happen. But what do I know?

Not sure about your 10th Amend comment. All people have rights. There is no test that requires dropping your drawers to enforce them.

I do know that your right to flay your arms ends at my nose. Trans rights to use a bathroom is complicated when others are assaulted in the process. I'm just sayin...

02/23/17 17:04
By the way. 10th amendment is not applicable. Transgender rights are civil rights. Civil rights is enforced by Federal law.
02/23/17 16:57
Well Ford. Let's see if you are consistent. AG Sessions just stated that Fed law would be pursued in legal marijuana states. So, states rights?
02/23/17 16:51
The 10th Amendment is pretty clear:

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

Transgender people are people. They are not super-people with superior civil rights. They are not inferior-people with inferior civil rights. They are most certainly human and endowed with human rights. They have civil rights like any other. But there is no federalism statute that empowers Washington to dictate the details. There can be no other interpretation.

From a practical standpoint, the only control that makes sense is local control. tThe issue is a spectrum, not a polar extreme.

I have a nephew, er, ah, make that a niece, going through a process right now. This is a difficult topic. the news is filled with it and you brought it up so discussing it is appropriate.

The issue goes well beyond concerns for the person involved. Our culture, right or wrong, has decided that relieving one's self is somehow a private matter. everybody does it. Nobody is exempt. If you are alive, you defecate, and urinate, and the process is messy, and it stinks. Failure to do so regularly will result in most certain death. So we tolerate one another in public places, smell each others odors, and kindly look the other way out of politeness. We were taught these traits starting with diaper training. These traits are engrained in all of us by our parents.

The circumstances of a trans-gender person is on a spectrum. There are polarized extremes and every flavor in-between both sexes. 5th degree assault happens if someone does ANYTHING that makes another person afraid. They don't have to touch. They don't have to speak. If entering a room makes others afraid, then to do so is assault.

How dare you dictate this? What magical wisdom do the bureaucrats in D.C. have in dictating this resolution? Shame on you!

If some burly lady with facial hair walks into a women's room full of little girls, Houston, we have a problem. That can and does happen. Many trans people are beautiful women by all accounts. Or handsome men. But nature is not so kind to many. And when that happens, the only way for that person to walk into an apparent opposite bathroom with total immunity is for the people involved to be educated, aware, empathetic, and COMPASSIONATE! There is no law that can step into this breach and dictate human kindness. there is no solution beyond being aware and charging those responsible for the space (employers, schools, faith institutions, public places) with the moral obligation to make every effort to 1) accommodate all, and 2) encourage compassion and kindness. This is NOT a realm for the courts.

I would strongly encourage any individual so affected to simply avoid potential hateful situations. Avoid it.

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