Some Thoughts On The Maine Supreme Court Decisions

Now that the celebration has settled down over the Supreme Court decision I had some thoughts about what the ruling may mean for the future.

The Huffpost’s Gay Voices had an interesting post about what the court said, and this caught my eye…

Zachary Heiden, legal director of ACLU Maine, said he has witnessed attempts to deny transgender rights spring up all over the country.

"They grow out of this fear of the unknown, and a fear of transgender people,” he said.

In Nicole's case, he explained, the court ruled that fear was not a good enough reason to discriminate. "The law protects everyone, even and especially when it’s politically controversial,” he said. “People who are transgender are not dangerous, and people who are transgender need to go to the bathroom.”

Heiden said he expects the ruling, which he called “elegant and straightforward,” to influence litigation nationwide.

This ruling pointed out what many of those opposed to anti-discrimination laws that include bathrooms, all of those “what ifs?” What if a boy dresses as a girl to sneak into the girls’ bathroom? The court said that anxiety over what might happen wasn’t enough to force us into the staff or the nurse’s bathrooms.

I wonder if this will hinder or help the passage of gender inclusive anti-discrimination that includes public accommodation. Will this cause a backlash? Will the opposition say, “See this will happen if you pass this bill!”