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naraburns  nihil supernum  2yr ago (text post)   33499 thread views

Culture War Roundup for the week of February 13, 2023

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The trans camp wants full social acknowledgement of their described reality, even the phrase "merely for being trans" falls apart if you don't agree that this is a thing someone can really be. It concedes the entire frame of the condition being a real thing, and any formulation that doesn't concede this would be unacceptable to the trans camp.

You don't need to make it with reference to the condition - but to the legal status of being an adoptive man/woman.

That way, you can capture anti-trans discrimination either on the basis of natal sex, or legal sex. If an employer wouldn't fire someone for wearing a dress if they were a natal woman, they can't fire them if they wear a dress and are a legal woman. Etc., etc.

No need to acknowledge or favor anyone's version of reality. The "objective" legal reality of a person's recorded status becomes the basis for the discrimination claim.

It's an unstable equilibrium, once the foot is in the door on this stuff it's only a matter of time before sympathetic enough case in sympathetic enough jurisdiction erodes all of these compromises, the question will be asked "well are they women or not" and if you're not able to say "no" then none of these guardrails will survive scrutiny and if you are then they won't be acceptable to the trans camp.

I maintain it's only unstable because it is new. If the legislators craft a good enough foundation, there will be very little room for worrying about corner cases.

There is a debate now because the trans side is trying to frame it as all or nothing, but we can deal with things on an issue-by-issue basis or kick the issue to private groups or individuals to decide for themselves how they want to deal with things.

I think if the Federal government sets an example with how public schools and government buildings will be handled, as well as protecting against (at least) employment and housing discrimination, then we can leave it to states or private individuals to decide whether to have more protections than that. California and other Blue States could protect more, and more conservative states could be more restrictive anywhere not already covered by the Federal level.

I don't think this is really going to fool anyone.

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