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2020, The Scholars Corner
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Transgenderism is a religious belief (ideology) and enforcement of it by the State violates the First Amendment. The First Amendment of the Constitution of the United States of America. The attempt to force a transgender ideology upon schools and governments is a violation of the First Amendment in three ways. First, it is an attempt to establish a religion. Transgenderism is a belief that is not upheld by science. A person claims to be transgender by identification, which is a mental or emotional attachment to an idea. The person who claims to be a female, but is in fact a male, is denying the scientific fact of biology, genetics and DNA. Whatever they may “feel,” it does not make it a fact or true. Second, the attempt to force others to conform to some complex forms of “politically correct” speech, is a violation of the second clause by prohibiting the free exercise of religion, as well as third, suppressing the freedom of speech by refusing to allow people to speak correctly of scientific facts, but forces them to verbally uphold an ideology or religion.
In addition to their official functions, state-sponsored social institutions, such as prisons and civil marriage, serve a more covert function, fostering and sustaining largely unnoticed social ideology. Because such institutions are to some degree coercive, and because the ideology thus promoted is designed to constrain channels of free expression, First Amendment protection is implicated, and can legitimately be applied to the social institution as a whole (not just as it impacts particular individuals). This view is defended through an examination of the ideological implications of the legal landscape governing marriage, as it affects transgendered individuals.
2019
The Trump administration is aggressively and systematically rolling back policies that protect transgender people. History teaches that these governmental attacks are not new, but instead represent the latest salvo in a long but losing battle to disparage transgender people, who have been ruthlessly depicted as criminals, deviants, and selfish iconoclasts. Notwithstanding the current administration’s open hostility toward transgender people, constitutional protections endure. This Essay discusses the evolution of government discrimination against transgender people — from laws that criminalized the violation of gender norms in the late twentieth century to the present‐day exclusion of transgender people from the U.S. military — and transgender people’s continued efforts to secure recognition of their rights under the Fourteenth Amendment.
2008
Transsexual and transgendered individuals receive only sporadic and non-comprehensive protection against discrimination in employment. Most efforts to extend that protection, through avenues of protection as a disability or enacting legislation extending protected class status, have been unsuccessful or incomplete. More successful in recent years has been to extend protection against sexual stereotyping to transsexual and transgendered individuals. Least successful has been the argument that discrimination against transsexual and transgendered individuals is itself prohibited sex discrimination. This article argues that in fact the structure to protect transsexual and transgendered individuals from discrimination is already in place through federal and state statutes prohibiting discrimination on the basis of sex, because this discrimination is classic sex discrimination. Based on common understanding of the term sex, medical definitions of sex and gender identity, and legal definit...
Hastings women's law journal, 2018
is essential for [students and] employees to be able to [go to school and] work in a manner consistent with how they live the rest of their daily lives, based on their gender identity.*
National Catholic Reporter, 2021
Just because something is new to you does not mean that it is novel or a fad. As obvious as this statement is, sadly, too many politicians and religious leaders alike are responding to broader visibility and awareness of the reality and experiences of transgender persons with a performative sense of shock and alarm. This kind of reaction not only betrays their ignorance of the historical and scientific research on the longstanding reality of transgender identities, but these behaviors also have life-and-death consequences for trans people.
2019
This applied research project describes employment nondiscrimination policies that protect gender identity or expression in city and county governments in the United States of America. The history of transgender public policy in the United States is outlined and sets the stage for the research. Additionally, the literature review introduces relevant issues to discrimination in employment. The nondiscrimination policies are described using six descriptive categories. The categories in the content analysis include: “Source of Legal Authority,” “Scope of the Policy,” “Protected Class,” “Capability,” “Safeguards” and “Government/Demographics.” The methodology is broken down into three phases to complete the task of describing these policies by over-viewing the state-wide protections that coincide with them, the qualities of the policies themselves and the characteristics of the governments and demographics of the area. The study primarily describes characteristics and provisions of nondiscrimination policies from local governments that protect gender identity or expression. Analysis of the policies suggests that they are lacking in safeguards that protect the privacy and well-being of those that file complaints. Furthermore, four-fifths of the policies designate implementing agencies to institute policies, yet less than half delegate sufficient power to enforce them.
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