The SCOTUS needs to take this or a case like it.

  • Neuromancer@lemm.eeOPM
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    10 months ago

    From the article.

    At issue was whether either the Constitution’s 14th Amendment, which says that the laws apply equally to everyone, or Title IX, the federal law that prohibits sex discrimination in education, protects transgender students in that context. The court’s decision not to intervene means that litigation in lower courts nationwide will continue, with judges reaching differing conclusions. The Supreme Court is likely to weigh in on the issue at some point.

    Only SCOTUS can clarify.

    • BobaFuttbucker@reddthat.com
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      10 months ago

      Which part is unclear? Within the given context what about the 14th amendment and Title IX conflicts?

      You can not discriminate on the basis of sex, AND apply that equally to everyone, so what’s the problem?

      • Neuromancer@lemm.eeOPM
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        10 months ago

        Gender and sex are not the same thing. Sounds like you agree with Indiana that biological men should use the male bathrooms since their sex is male.

        • BobaFuttbucker@reddthat.com
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          10 months ago

          I said not discriminate, and to not discriminate equally, so you must be jumping through mad hoops to get to that conclusion.

          • Neuromancer@lemm.eeOPM
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            10 months ago

            It isn’t illegal discrimination to keep males out of the female bathroom. It appears you don’t really understand the court case or the words sex or gender. Discriminate doesn’t mean what you think it means. It means to pick. As long as you don’t do it on a protected class, it’s legal. Sex is a protected class. Gender identify is not.

              • Neuromancer@lemm.eeOPM
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                10 months ago

                They are letting it worth through the lower courts before making a statement. Typically, they wait for the lower courts and appellate courts to make decisions before reviewing the cases.

                I think now you are starting to see the issue. Slowly, but I think you are getting there. VII uses the term sex. Gender is not used in the document even once.

                Are you starting to understand the issue? You can’t say the two wards are different and then say they mean the same thing.

                When the Civil Rights Act was passed, we used the words the same but also being gay was illegal.

                I suspect SCOTUS will punt this back to congress and tell them to create a law.

                • BobaFuttbucker@reddthat.com
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                  10 months ago

                  Re-read the text.

                  In 2020, the Supreme Court ruled in Bostock v. Clayton County, 140 S. Ct. 1731, that discrimination based on sexual orientation or gender identity constitutes discrimination…

                  SCOTUS already affirmed Title VII applies to Gender AND Sex.

                  • Neuromancer@lemm.eeOPM
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                    10 months ago

                    Bostock v. Clayton Count

                    I am aware but that is SCOTUS creating law which is the same issue with Roe VS Wade.

                    I think you are slowly catching on to the issue. The courts have not been consistent and as such they need to clarify. If you remember the case, people were surprised Gorsuch voted the way he did but it is consistent with his beliefs.

                    I think the court was incorrect in its ruling using the Civil Rights Act. The Civil Rights Act does not cover this topic. As such congress needed to amend it to cover sexuality or gender identity.

                    Otherwise, we have courts making laws which I am against. Alito spoke out that since it was defined, it wasn’t protected.

                    I am not against the protections, but I am against the courts writing law. If you haven’t read the case, I would suggest doing so as you will see the issue. They defined sex as orientation or identity which is not how the word was ever used.

                    This is exactly why Roe was overturned.

                    The correct way to fix this is congress has to pass a law.