Monday, October 22, 2018

Trump administration wants to limit sex-related federal discrimination law to biological gender only -- transgender and fluid no longer will exist


Erica Green, Katie Brenner and Robert Pear of the New York Times write today that the Trump administration could define “transgender” out of existence. 

  The story was also carried yesterday by Bearing Drift in Charlottesville.  Here is HRC’s storyThe National Center for Transgender Equality does not have a story yet. 

The proposal is supposedly inspired by a recent federal court ruling. The rule would limit HHS and DOJ interpretation of federal civil rights law to limit the term “sex” to biological gender assigned at birth.


The proposal is criticized as running against scientific opinion on transgenderism or even fluidity, and fails to recognize that biological intersexism at birth sometimes does happen.

It is not apparent that the proposal would hinder states and school districts from allowing gender changes on driver’s license or ID cards, but any litigation would stay in the respective states.  

Presumably the states would be required to keep record or original biological gender.

The Trump administration (along with conservative judges) can say that if Congress wants to include sexual orientation and gender identity in comprehensive civil rights protection, it can simply pass a law saying so. That’s sort of the same duck-and-cover Trump uses with the Dreamers – and goes back to Congress with “do your job”.

Trump seems to behave with some personal hostility to transgenderism and gender fluidity or ambiguity, although not to conventional cis male homosexuality or lesbianism itself (he had gay candidates on The Apprentice and had no problem with it, even admiring it on the male side – he does have a problem with Rosie O’Donnell).  However German Lopez has a rather sobering piece on Trump’s (and his administration’s_ attitudes on the matter today. Lopez mentions a legal case Oncale v. Offshore (1998) which could counterweight Trump's plans with a precedent (if Kavanaugh honors it). 

The transgender military ban is still in litigation and it could wind up in SCOTUS with Kavanaugh on the Court (Oct 9).

Lisa Ling had done a "This Is Life" segment on CNN about gender fluidity (as transgenderism and even a-genderism) on Sunday, Oct. 7 (TV blog); maybe this turned out to be provocative.

Truth-out (along with its repeatedly hysterical fund-raising appeals) offers this piece by Deane Spade, "Right-wing fantasies about gender are killing trans people."  While he makes a lot of good points, he could have mentioned that Selective Service Registration is done by birth gender.  The Left never thinks of mentioning this.

WJLA7 has videos from the demonstrations at the White House today.  The new hashtag is "#Wontbeerased".

Alejandro Alvarez at News2Share also reports on the demonstrations.

The City of Philadelphia PA announced an event Tuesday on Facebook, here

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