On Those Court Cases Rep’s are filing about Guidelines and Policies
So by now, many of you will have heard that several states have called for the head of the Ni–, the uh, Black man in the White House, on a platter.
Given how some of them talk when there aren’t cameras, you can guess what they really say from what I wrote above.
Now, they are also filing lawsuits against the federal government. Which is hilarious to me because they already lost.
Over a decade ago.
You see, the basis for the Administration’s decision is not just the best science and consensus built best practices. it is the existing decade plus of law, starting at the Supreme Court and the following down from there.
A supreme court that is current paralyzed by division.
And several appellate courts (including the ones involved so far) that have already ruled several times based on the Supreme court’s decision.
In short, they are suing the Executive branch for following the law of the land, which is, well, the job of the Executive branch.
Now, know what you are thinking. You think that maybe they will just try some end run tactic.
The problem is that these rulings explicitly cover trans people. The courts involved have already been returning decisions fo some time on this basis — not just for Trans people, but for cis people as well.
The reason is this: legally, the definition of sex includes the manner in which that sex is expressed Discriminating against someone for not acting the way you think they should act on the basis of their sex is illegal unless the employment involved directly involves relying n the very specific aspects (basically, if your job requires you to look like a sex toy, well, that doesn’t apply).
Sex discrimination includes trans people because it includes gender expression and gender.
Now they can, of course, try their damnedest to overturn precedent. They really hope to elect Trump so that they can do exactly that.
They won’t succeed.
We won’t let them.
But while they were so busy worrying about TEH GAYZ, they completely missed the advances made in law and policy relating to us, and this is just the tip of the iceberg for what’s coming their way.
That’s why the feds aren’t threatening to take away funding. They aren’t worried about winning because they know they already have.
So since all of this stuff isn’t about winning some sort of legal victory to be able to be assholes, what is it about?
The President being black, for one. Raising money for election campaigns for another. distracting you while they do stupid ass things like they did in the House the other night.
It is about getting away with making life harder for Average Americans while scaring the pants off them.
Some will argue that not all Republicans are this way. They are right. But all the ones with power are this way. Every single one. No exceptions. The tea party purged all the moderates and thinking folks out.
Which is another reason they lost — they aren’t sharp enough to look at the law before reacting to something the black guy in the White house told them to do.