A group of House Democrats made the politically questionable decision to advance a proposal they call the “Transgender Bill of Rights” on Tuesday. Apparently, it’s not enough that all signs point to them getting utterly crushed, destroyed, wrecked, and annihilated in the November midterms; these Democrats must want people to poke their party’s smoldering corpse with sticks afterward.
In a Tuesday press release, Rep. Pramila Jayapal (D-Wash.) wrote:
U.S. Representatives Pramila Jayapal (WA-07), David Cicilline (RI-01), Marie Newman (IL-03), Mark Takano (CA-41), and Ritchie Torres (NY-15) led members of Congress in introducing a Trans Bill of Rights. This resolution provides a comprehensive framework to provide protections for transgender and nonbinary people, ensuring that they are not discriminated against or persecuted for their gender identity and expression. It comes shortly after the Supreme Court gutted Roe v. Wade, stripping many of their constitutional right to choose, and as the Court seems poised and willing to take on other hard-earned constitutional rights.
Nor is the move limited to this handful of radical lefties; the bill has an additional 84 co-sponsors. Can these Democrats really be this willfully blind to the deep resentment Americans feel for being forced to “celebrate” a freaky, creepy delusional mental illness? For example, recent polls have shown that U.S. voters overwhelmingly (61%) approve of Florida’s Parental Rights in Education law and oppose “transgender” females competing against girls and women in athletics.
“As we witness Republicans and an extremist Supreme Court attack and roll back the fundamental rights of trans people across our country, and as state legislatures across the country target our trans community with hateful, bigoted, and transphobic attacks, we are standing up and saying enough is enough,” declares Jayapal.
The statement mentions that “In the last year alone, there have been more than 300 anti-LGBTQ+ bills proposed in state legislatures across the country, jeopardizing the safety and mental health of LGBTQ+ youth and trans youth in particular. A survey found that 52% of trans youth have contemplated suicide in the last year.” Leftists love to push the old saw that if you don’t comply with pretending that someone’s groomed kid has magically changed sex, THE KID WILL KILL HERSELF AND IT WILL BE ALL YOUR FAULT!
The Trans Bill of Rights would provide protections for transgender and nonbinary people by:
- Ensuring that transgender and nonbinary people have equal access to services and public accommodations by amending the Civil Rights Act of 1964 to explicitly include gender identity and sex characteristics as protected characteristics and amending federal education laws to explicitly clarify that they protect students from discrimination based on gender identity and sex characteristics.
That first point would overrule the countless popular and properly passed state laws that preserve girls’ school sports for girls. No thanks.
- Ensuring transgender and nonbinary people have the ability to provide for themselves and their families by codifying Bostock and clarifying that it is illegal to discriminate in employment, housing, and credit based on gender identity and sex characteristics.
It is extremely unfortunate that these hardcore Leftists may have a legal point here. Bostock v. Clayton County Board of Commissioners was a 2020 ruling by the Supreme Court with a 6-3 majority — which, disgracefully, included both Chief Justice Roberts and Justice Gorsuch. The court ruled that “Title VII’s prohibition of workplace ‘sex’ discrimination clearly encompasses discrimination based on one’s sexual orientation or transgender status because ‘homosexuality and transgender status are inextricably bound up with sex,'” wrote activist attorney Alexa Bradley in the Marquette University Law School Faculty Blog.
Title VII was originally enacted in 1964 to prevent sex-based discrimination against women. Subsequent lawsuits brought about additional interpretations, including the “sex-plus” rule. “Sex-plus discrimination is found when an employer, explicitly or in effect, classifies an employee on the basis of sex plus another characteristic, such as ‘women who have children,'” explained Bradley. She then noted that “In the recent years, however, some lawyers have argued that discrimination on the basis of one’s sexual orientation or transgender status is simply sex discrimination because the employer must consider the employee’s sex in order to engage in sexual orientation or transgender status discrimination.”
Thus, in the Bostock majority opinion, Gorsuch wrote, “An employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex. Sex plays a necessary and undisguisable role in the decision, exactly what Title VII forbids.”
We recently saw that court precedents can be overturned, and Bostock is so ripe that it’s about to fall out of the tree. In the interest of brevity, I will focus only on the transgender part of the argument. The court held that, by the concrete fact of being a man, a man who identifies as a woman can’t be discriminated against any more than a woman who identifies as a woman. But if this man’s protection lies in the objective fact that he is a man (which the court does not dispute), then he is either lying or delusional when he claims to be a woman. The court cannot force someone to employ a manifestly dishonest or mentally deranged worker.
The bill goes on to specify even more outrageous folly, but I’ve already had enough. And I fully expect the American people have as well. Red November can’t get here fast enough.
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