Thursday, October 10, 2019

Why Is It Always Bathrooms

Why is feeling uncomfortable grounds for discrimination?

All though out history we see discrimination based on fear of the “other,” the other’s color of their skin,  the other’s religion, the other’s national origin, the other’s sexual orientation, and the other’s gender identity.

The Supreme Court justices brought up bathrooms in the argument on Tuesday about Title VII coverage.
Bathrooms came up more than 50 times during the Supreme Court’s landmark LGBT rights hearings
Pinknews
By Emma Powys Maurice
October 9, 2019

[…]
The arguments centred on employment discrimination and whether gender identity and sexual orientation are protected under existing federal laws. But somehow, bathrooms became a focal point for the justices.

The Trump administration and lawyers for the employers directed the debate towards the changes that might be required in bathrooms – as well as locker rooms, women’s shelters and school sports teams – if the Supreme Court were to rule in favour of the plaintiffs.
When president Obama nominated a Supreme Court justice Senator McConnell refused to hold hearings on his nominee and when Trump came to office he nominated an ultra Christian conservative judge Neil Gorsuch and during the arguments asked if it would trigger “massive social upheaval”…
“As drastic a change in this country as bathrooms in every place of employment and dress codes in every place of employment that are otherwise gender neutral would be changed,” he argued.

Cole quickly shot this down. “First of all, federal courts of appeals have been recognising that discrimination against transgender people is sex discrimination for 20 years. There’s been no upheaval,” he said.
Also in something like 22 states protect trans people in employment and none of the “massive social upheaval” has happened.

And of course justice Kavanaugh was interest in the definition of “sex” (Hmm… you think that he might in a president Clinton’s defense of the definition of “sex?”).
Kavanaugh asked if he was drawing a distinction between the “literal” and “ordinary” meaning of “because of sex” in the context of sex-based discrimination. Harris said he was not.

The Trump administration’s position is that lawmakers never considered gender identity or sexuality when passing Title VII in 1968, so neither of these are protected by the “because of sex” clause in the law.
We probably will have to wait until June to find out is we are second class citizens.



Sadly while the Supreme Court was debating our rights, our death count is 21 killed…
Suspect Wanted in the Murder of a Houston Trans Woman
Itali Marlowe is the 20th known black trans woman murdered in the US in 2019.
OutSmart
By OutSmart Staff
October 9, 2019

A transgender woman was shot to death in Southwest Houston on Friday, Sept. 20, according to a police report.

Houston Police Department (HPD) identified the victim as Itali Marlowe, 29.

Marlow is at least the 21st trans person murdered in the U.S. in 2019. Twenty of the victims, including Marlowe, have been black trans women. Four of the murders have occurred in Texas.
[…]
Charges have been filed against Raymond Donald Williams, 23, who is the suspect wanted in Marlowe’s murder. Williams, who was living with the victim, was seen fleeing the scene on foot prior to HPD’s arrival and has not yet been found. 

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