Transwomen are not Women - Part 15

If a woman thinks public toilets are safe spaces then she is very mistaken

I doubt any woman thinks public toilets are safe. I don't doubt that most think a women's toilet in which she can raise the alarm when a male enters and behaves in a way that makes her fear for her safety, in the reasonable expectation of anyone within earshot coming to her aid, is safer than one in which raising the alarm might get her accused of transphobia and hate crimes.
 
More accurately I don't support fiat self-ID for the reasons you don't support it.
It doesn't look like that to me

I.e., I don't support fiat self-ID because I think people making such a huge change need support and guidance,
Your words belie your claim

and possibly have other issues that need to be addressed, such as being on the autistic spectrum.
That is just misdirection. Autism has nothing to do with any of this

I don't think public toilets are, could or should be considered "safe spaces",
That position is irreconcilable with mine. Toilets, bathrooms, restrooms and changing rooms are now, always have been, and always should be sex-segregated safe spaces. The tide is turning against your position.

or ID of any kind should be required to use one.
Absolutely no-one making this claim anyway.
 
To expand on what theprestige said, that case involved employment discrimination. Nobody here is advocating for employment discrimination. This case does NOT cover the sort of sex segregation we are discussing here, and which I and others here have advocated for. I was very explicit about this, but apparently you weren't paying attention.
You and theprestige do not have the luxury of playing dumb. You both know goddamned right well that SC decisions pack a lot of punch beyond their immediate matter. Justice Gourch even mused about the ramifications in his opinion, saying "They say sex-segregated bathrooms, locker rooms, and dress codes will prove unsustainable after our decision today" while acknowledging that it was not the immediate matter before the court.
 
You and theprestige do not have the luxury of playing dumb. You both know goddamned right well that SC decisions pack a lot of punch beyond their immediate matter. Justice Gourch even mused about the ramifications in his opinion, saying "They say sex-segregated bathrooms, locker rooms, and dress codes will prove unsustainable after our decision today" while acknowledging that it was not the immediate matter before the court.
Who is “they”? The plaintiffs, who lost. He is mentioning an argument they used in order to try to avoid the decision the court reached. And he is DISMISSING that argument. He says that the current ruling means nothing of the sort.

My point very much stands. There is no court ruling against bathroom sex segregation under federal law. Not at the Supreme Court level, and not at any lower court level. Because federal law does not prohibit it.
 
Who is “they”? The plaintiffs, who lost. He is mentioning an argument they used in order to try to avoid the decision the court reached. And he is DISMISSING that argument. He says that the current ruling means nothing of the sort.
Then your interpretation is fairly unique in the English speaking world. That you claim apparent ignorance in not understanding that SC decisions have applications beyond their immediate matter remains a strong criticism of your opinions.
My point very much stands. There is no court ruling against bathroom sex segregation under federal law. Not at the Supreme Court level, and not at any lower court level. Because federal law does not prohibit it.
Which I already said. Thank you for the repetition. The court has not chosen to hear on a case involving the specific matter. That does not mean that their rulings cannot be cited and extrapolated beyond the case before them. Indeed, that's what they *do*.

Eta, I mean Jesus Christ, dude, the whole modern issue of gender discrimination being under the umbrella of the CRA is based on Bostock. Pres Biden cited it specifically as justification for his EO protecting gender discrimination. You and theprestige are delusional if you think this has no import beyond a specific type of employment litigation.
 
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Then your interpretation is fairly unique in the English speaking world. That you claim apparent ignorance in not understanding that SC decisions have applications beyond their immediate matter remains a strong criticism of your opinions.
I claimed nothing of the sort. I am telling you that your interpretation of Gorsuch's words is wrong. Here is a fuller quote from the ruling:

What are these consequences anyway? The employers worry that our decision will sweep beyond Title VII to other federal or state laws that prohibit sex discrimination. And, under Title VII itself, they say sex-segregated bathrooms, locker rooms, and dress codes will prove unsustainable after our decision today. But none of these other laws are before us; we have not had the benefit of adversarial testing about the meaning of their terms, and we do not prejudge any such question today. Under Title VII, too, we do not purport to address bathrooms, locker rooms, or anything else of the kind. The only question before us is whether an employer who fires someone simply for being homosexual or transgender has discharged or otherwise discriminated against that individual “because of such individual’s sex.”​

He is pretty explicitly saying that this ruling DOES NOT determine the ruling in any such future case.
Which I already said. Thank you for the repetition. The court has not chosen to hear on a case involving the specific matter.
You still aren't getting it. Trial courts don't have a choice to not hear cases. And even at the trial court level, there are no such cases.
That does not mean that their rulings cannot be cited and extrapolated beyond the case before them. Indeed, that's what they *do*.
In principle, it could be. But that's speculation about future interpretations of the law. The law can effectively change based on court rulings (see, for example, Roe v. Wade). In principle, sure, such changes in the future are possible. But as of now, your interpretation of the law is wrong.
Eta, I mean Jesus Christ, dude, the whole modern issue of gender discrimination being under the umbrella of the CRA is based on Bostock.
Gender discrimination in employment. Not in bathrooms. You don't seem to grasp that not all forms of discrimination are equivalent.

And I think your speculation about those future interpretations is wrong too. For example, your rather naive interpretation would suggest that we can't sex segregate sports either. But Title IX is pretty explicit that sex segregation in sports IS legal, if not actually required. I think any reasonable reading of the Civil Rights Act would conclude that it does permit sex segregated bathrooms. And nothing in the court record at ANY level suggests otherwise. You are inventing a problem that isn't actually a problem at all.
Pres Biden cited it specifically as justification for his EO protecting gender discrimination.
He can cite whatever the ◊◊◊◊ he wants to, that doesn't make him right. And Biden's EO was overturned by Trump's EO. You wouldn't accept that as evidence that the CRA does allow bathroom sex segregation, would you? So why do you expect me to interpret Biden's EO as evidence? It isn't. It's an act of politics, not legal reasoning.
 
He is pretty explicitly saying that this ruling DOES NOT determine the ruling in any such future case.
Yes, and that is boilerplate language. The UK ruling had the same type of language, insisting that it wasn't even defining what a woman *was*, yet that's exactly precisely what was extrapolated from it.
You still aren't getting it. Trial courts don't have a choice to not hear cases.
Oh Jesus Christ, we are talking about SCOTUS. Yes, they absolutely, unequivocally choose what cases they will hear.
In principle, it could be. But that's speculation about future interpretations of the law.
And the majority can see it coming, knowing full and well that the court will likely interpret it in the same spirit.
Gender discrimination in employment. Not in bathrooms. You don't seem to grasp that not all forms of discrimination are equivalent.
And you seem not to understand that by expressly saying gender falls under sex protections in the CRA, that it will with overwhelming liklihood be interpreted to do so more broadly.

Again, this thing where you pretend not to understand how sweeping the rulings are from the highest court in the land are is not credible.
And I think your speculation about those future interpretations is wrong too.
It ain't my speculation, Jackson. It's that of virtually the entirety of legal scholars, because the wording extrapolates beyond the instant matter to blanket interpretation (with explicit and specified exceptions for extenuating circumstances, such as you state in Title IX below)
For example, your rather naive interpretation would suggest that we can't sex segregate sports either. But Title IX is pretty explicit that sex segregation in sports IS legal, if not actually required.
Explicit carveout is explicitly carved out in black and white, for reasons of physical fairness in competition.
He can cite whatever the ◊◊◊◊ he wants to, that doesn't make him right. And Biden's EO was overturned by Trump's EO. You wouldn't accept that as evidence that the CRA does allow bathroom sex segregation, would you?
I accept that anything done by our current Chief Executive is done with utter contempt of law.
 
Oh Jesus Christ, we are talking about SCOTUS.
No. You made that restriction, not me, and you made it without justification. There is NO case law, not at the Supreme Court level OR the trial court level, which indicates that sex segregated bathrooms violate the Civil Rights Act. Remember, that's the actual claim that we're debating: whether the Civil Rights Act prohibits sex segregated bathrooms. The Supreme Court is only relevant to the extent that it proves or disproves that.
Yes, they absolutely, unequivocally choose what cases they will hear.
I never said the Supreme Court didn't. But trial courts don't. Which means that trial courts can't duck the issue, if it's an issue.

It isn't an issue.
And the majority can see it coming, knowing full and well that the court will likely interpret it in the same spirit.
No. Gorsuch is addressing an argument that the defendant raised in the case, because that's what you're supposed to do in a ruling. You're supposed to address arguments made by both sides. The fact that he addressed the argument DOES NOT mean that the argument has merit.
And you seem not to understand that by expressly saying gender falls under sex protections in the CRA
That's really NOT what the ruling says. It says,

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.​

Gender falls under sex protection to the extent that it implicates sex. You can't get fired for wearing a dress as a man if you wouldn't get fired for wearing a dress as a woman. You can't get fired for being sexually attracted to a man as a man if you wouldn't get fired for being sexually attracted to a man as a woman. It's still EXPLICITLY the sex protections that are being invoked here.
, that it will with overwhelming liklihood be interpreted to do so more broadly.
It doesn't matter. If sex discrimination is permissible, then it's permissible regardless of gender. If sex discrimination is not permissible, then it's not permissible regardless of gender. Sex segregation isn't permissible when gender isn't involved but suddenly impermissible when gender gets involved. All this ruling does is confirm that gender discrimination can include sex discrimination. If that sex discrimination is already covered by the CRA, then gender discrimination is also included. But nothing about this ruling extends the prohibition on sex discrimination any further than it already was extended to.

And the CRA never covered sex segregation in bathrooms. That's entirely your own invention.
Again, this thing where you pretend not to understand how sweeping the rulings are from the highest court in the land are is not credible.
Nothing about what I'm saying has anything to do with how sweeping rulings can be. But you don't even understand what the ruling actually was.
It ain't my speculation, Jackson. It's that of virtually the entirety of legal scholars
The entirety of legal scholars think this decision opened the door to eliminating sex segregated bathrooms? You're going to need to back up that claim.
 
It ain't my speculation, Jackson. It's that of virtually the entirety of legal scholars
Hypothesis: If this were true, we'd see a plethora of ambulance-chasers bringing vast multitudes of cases against restaurants, city parks, baseball stadiums, and everywhere else, for big fat legal action paydays. We'd see a mad scramble of TRAs flooding the courts with easy and obvious test cases.

But we don't see these things.
 
Many thanks to @Ziggurat for the heavy lifting in his step-by-step, claim-by-claim, comprehensive demolition job on all of the made-up bull-◊◊◊◊ claims that the CRA Title VII (1964) and Title IX (1972) make sex-segregation illegal.

Its much appreciated by those of us who can't be bothered researching the law when it comes to made-up lies.
 
This is going to cause a lot of pearl clutching among the community of transgender identified men. As usual, the Silver Fox's presentation includes large helpings of irreverent humour and plenty of unashamed piss-taking...

In the UK, a transgender identified male (who he inadvertently refers to as a "trans man") has been found guilty sexual assault for not revealing that he was actually a biological man (and not a women) before performing a sex act on the victim.


I mean, as if its not obvious. The victim must have put away plenty of beers for him to have not noticed :ROFLMAO::ROFLMAO:
 
In the UK, a transgender identified male (who he inadvertently refers to as a "trans man") has been found guilty sexual assault for not revealing that he was actually a biological man (and not a women) before performing a sex act on the victim.
BBC report - Ciara Watkin
https://www.bbc.co.uk/news/articles/c4gmvgn8z7yo
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Watkin's lawyers said she saw and presented herself as female but was "visibly and audibly" male, so it would have been "blindingly obvious" to the man that Watkin was not biologically female.

Crown Prosecution Service guidance on Deception as to sex
https://www.cps.gov.uk/legal-guidance/rape-and-sexual-offences-chapter-6-consent
  • Depending upon the circumstances of the case, a trans or non-binary person (including those who have a GRC and / or have had gender reassignment) may deceive a complainant as to their sex if they choose not to disclose that they are trans / non-binary, or if they make a deliberate false assertion or lie in respect of their sex and / or gender identity.
 
This is pretty much an acknowledgement by the CPS that legally, trans identified men are not women, since it looks like its against the law to conceal your biological sex from a potential sex partner.
There was a bit of a battle over the updating of the CPS guidance; the consultation in 2022 produced a large volume of responses, especially as it was originally titled Deception as to gender

https://www.cps.gov.uk/publication/consultation-cps-guidance-deception-gender-summary-responses
 
I mean, as if its not obvious. The victim must have put away plenty of beers for him to have not noticed :ROFLMAO::ROFLMAO:
or as highlighted in the consultation response
  • We have explained that a complainant may not wish to question the suspect too much about their suspicion over the suspect’s sex and / or gender identity, for fear of being seen as transphobic.
 
Which is why this is part of the culture war, pitting those with conservative social views against pretty much everyone else.
If only we had some sort of democratic process which might allow ordinary people to have some say over whether single-sex spaces must henceforth allow males into the (formerly) female areas.
let's start with your rather large backlog of requested evidence and challenges that you've snipped out and/or ignored.
e.g. ???
 
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Better yet: let's start with your rather large backlog of requested evidence and challenges that you've snipped out and/or ignored.
Pot... meet kettle

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the whole modern issue of gender discrimination being under the umbrella of the CRA is based on Bostock.
Has SCOTUS shown any interest in expanding the logic of Bostock to other areas?

They didn't seem inclined to do so in United States v. Shilling, where the court allowed the trans ban to go forward in the uniformed services.

They didn't seem inclined to do so in United States v. Skrmetti, where they upheld Tennessee's ban on blockers and cross-sex hormones for minors.

Is there any reason to be optimistic that the "umbrella of the CRA" is going to cover anything other than the fact pattern from Bostock?
 
Has SCOTUS shown any interest in expanding the logic of Bostock to other areas?

They didn't seem inclined to do so in United States v. Shilling, where the court allowed the trans ban to go forward in the uniformed services.
They did not. The ban applies specifically to gender dysphorics, a DSM defined disorder, and it was determined that someone suffering from a diagnosed mental illness would lack the mental.discipline required in the armed forces.
They didn't seem inclined to do so in United States v. Skrmetti, where they upheld Tennessee's ban on blockers and cross-sex hormones for minors.
Based primarily on age, not sex or gender, the court found.
Is there any reason to be optimistic that the "umbrella of the CRA" is going to cover anything other than the fact pattern from Bostock?
I think so, but am currently detoxing from the discussion.
 

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