Tuesday, October 23, 2018

Why the federal government's culture war against LGBTQ rights might not matter


You would do well to remember just how fluid is gender
"Second Wave Goodbye," War on Women

According to the New York Times, the Trump administration is poised to wage war on transgender rights.

The Trump administration is considering narrowly defining gender as a biological, immutable condition determined by genitalia at birth….

The Department of Health and Human Services … argued in its memo that key government agencies needed to adopt an explicit and uniform definition of gender as determined "on a biological basis that is clear, grounded in science, objective and administrable." The agency's proposed definition would define sex as either male or female, unchangeable, and determined by the genitals that a person is born with, according to a draft reviewed by The Times. Any dispute about one's sex would have to be clarified using genetic testing.

Thankfully, this inhumane and appalling attempt to usurp the civil liberties of an entire class of people is not the final say. 

First and foremost, the courts can continue to define "sex" in Title VII and other civil rights laws to include LGBTQ rights. Most federal court that have examined the issue, including the 6th Circuit, have concluded that Title VII's definition of sex covers LGBTQ discrimination.

Secondly, Congress could get off its collective duff and finally amend our civil rights laws and elevate LGBTQ rights along side race, sex, and all of the other protected classes.

Finally, we as a society can ignore all of this legal Mumbo Jumbo and just do the right thing. I've said it before, and I'm going to keep saying it until the law says I don't have to say it anymore.

There is no *good* reason to be anti-LGBTQ rights 

There are reasons, but none of them are good reasons. If I give you every benefit of every doubt, the best reason you can have against recognizing LGBTQ rights is that you just don't like LGBTQ people or agree with their lifestyle, period. Worst case? You're a bigot. Sorry if this harsh reality offends you.

In place of LGBTQ, substitute "African-American", or "women", or "Jews". How does your denial of equal rights sound now? Still comfortable with your position? If not, then why not recognize the protection of LGBTQ rights?

When the history book is closed on the fight for LGBTQ civil rights, for what side do you want to have fought? I know my answer. Do you know yours?

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