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Thread: Bathroom Bans for Transgender Youths Are Poised for Supreme Court Review

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    Bathroom Bans for Transgender Youths Are Poised for Supreme Court Review

    Even Sotomayor was troubled by this issue in a prior case. Several related cases have side-stepped the bathroom issue. No longer.

    Bathroom Bans for Transgender Youths Are Poised for Supreme Court Review

    When the Supreme Court heard arguments in 2019 about the rights of gay and transgender workers, the justices seemed fixated on bathrooms.


    In all, five justices explored questions related to who can use which bathroom, though bathrooms did not figure in the cases before them.


    “Let’s not avoid the difficult issue,” Justice Sonia Sotomayor said, posing a hypothetical one: “You have a transgender person who rightly is identifying as a woman and wants to use the women’s bathroom.”


    She added, “So the hard question is: How do we deal with that?”


    David D. Cole, a lawyer with the American Civil Liberties Union representing a transgender woman, seemed puzzled.
    “That is a question, Justice Sotomayor,” he said. “It is not the question in this case.”


    The justice pressed on. “Once we decide the case in your favor,” she said, “then that question is inevitable.”

    ***


    The two sides in the 11th Circuit decision found almost no common ground and appeared to talk past each other.


    Writing for the majority, Judge Barbara Lagoa said the issue was simple: The school board was free to require students to use the bathrooms that corresponded with their “biological sex,” which she defined as “sex based on chromosomal structure and anatomy at birth.”


    In dissent, Judge Jill A. Pryor said that definition was at odds with modern medical science, particularly by failing to account for “the primacy of two biological components in particular, gender identity and neurological sex.”


    Judge Pryor focused on the harm she said the school board’s policy caused to Drew, who “was forced to endure a stigmatizing and humiliating walk of shame — past the boys’ bathrooms and into a single-stall ‘gender neutral’ bathroom.”
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    It has to occur to any thoughtful human that Americans are weird and judicial fools when it comes to sexual issues and personal freedoms. Why is this even going to the so call supreme court full of perverts and perjurers. In Europe years ago, I was fascinated by how open their public bathrooms were. Americans are nuts in this area. Why not have stalls and then do your thing in peace without the nutcases checking on who's who genetically. What a wacko nation we have become. The religious right is a threat to common sense.
    Last edited by midcan5; 01-23-2023 at 11:39 AM.
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    Justice Sonia Sotomayor said, posing a hypothetical one: “You have a transgender person who rightly is identifying as a woman and wants to use the women’s bathroom.”

    Rightly? It's not biologically correct. Nor is it a right.
    Tradition is not the worship of ashes, but the preservation of fire. ― Gustav Mahler

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    Quote Originally Posted by midcan5 View Post
    It has to occur to any thoughtful human that Americans are weird and judicial fools when it comes to sexual issues and personal freedoms. Why is this even going to the so call supreme court full of perverts and perjurers. In Europe years ago, I was fascinated by how open their public bathrooms were. Americans are nuts in this area. Why not have stalls and then do your thing in peace without the nutcases checking on who's who genetically. What a wacko nation we have become. The religious right is a threat to common sense.
    so sayeth the communist blogger.................
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    Disregarded as mindless drivel.
    Quote Originally Posted by midcan5 View Post
    It has to occur to any thoughtful human that Americans are weird and judicial fools when it comes to sexual issues and personal freedoms. Why is this even going to the so call supreme court full of perverts and perjurers. In Europe years ago, I was fascinated by how open their public bathrooms were. Americans are nuts in this area. Why not have stalls and then do your thing in peace without the nutcases checking on who's who genetically. What a wacko nation we have become. The religious right is a threat to common sense.
    ΜOΛΩΝ ΛΑΒΕ


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    Quote Originally Posted by midcan5 View Post
    It has to occur to any thoughtful human that Americans are weird and judicial fools when it comes to sexual issues and personal freedoms. Why is this even going to the so call supreme court full of perverts and perjurers. In Europe years ago, I was fascinated by how open their public bathrooms were. Americans are nuts in this area. Why not have stalls and then do your thing in peace without the nutcases checking on who's who genetically. What a wacko nation we have become. The religious right is a threat to common sense.

    You think all liberals sign on to this? You would be wrong. Dead wrong. My sister and her Karen-cabal is about as left as they come and they are on a rampage on this issue.

    As far as comparing us to Europe, that reminds me of a time when I was in law school, and I was this hot little Norwegian that was a nanny for a big shot lawyer in Cleveland. I came home from class one day and found her butt naked in the shower with her two charges - a 2 year old and a 7 year old. She was 21 at least b/c she could drink. I about pelosi'd my pants and had to tell her that we don't do that in the US. Her response: '...oh you Americans, I shower with my Daddy and my brothers all the time... you wouldn't have the problems you do if you were more open about it.'
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    Single-seaters is the answer, that way no one needs to know, nor worry, about what someone else has or doesn't have.
    "I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations." -- James Madison

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    Quote Originally Posted by Chris View Post
    Justice Sonia Sotomayor said, posing a hypothetical one: “You have a transgender person who rightly is identifying as a woman and wants to use the women’s bathroom.”

    Rightly? It's not biologically correct. Nor is it a right.



    I hope what the Justice meant is the person can identify as a woman, but that does not give them legal status as a woman. For example I can identity as Napoleon but that does not make me Emperor of France!

    This is a critical issue for the court that goes beyond bathroom rights. Are we going to have a never ending list of special rights for the gender confused?
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    Quote Originally Posted by Collateral Damage View Post
    Single-seaters is the answer, that way no one needs to know, nor worry, about what someone else has or doesn't have.
    True but that also creates safety issues with locking door single use bathrooms in schools, public places, ect.............
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    Quote Originally Posted by Peter1469 View Post
    Disregarded as mindless drivel.
    Midcan is praising EU countries for open bathrooms even though they lack our free speech protections and are moving increasingly toward censorship......

    This is not about personal freedom so much as lefty comfort zones and who cares about your 9 year old daughter in a bathroom with confused adult males.
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