Trans Activists Are Calling the Shots; Disagree, and YOU’RE A TRANSPHOBE BIGOT WHO WILL BE CANCELED

2 Comments for “Trans Activists Are Calling the Shots; Disagree, and YOU’RE A TRANSPHOBE BIGOT WHO WILL BE CANCELED”

  1. posted by Jorge on

    After the president’s granny goodness speech yesterday, I’m glad he has no intention of smothering the right with blandness. That EO’s delivery was calculated to provoke, and it did its job well.

    The only comment I’m going to dignify this story with is that President Biden is holding the transgender flag upside down.

    I remember when, before the September 11th attacks, President Bush couldn’t so much as step on a crack without being accused driving this country to an irreversible ruin at the behest of the conservative illuminati. It didn’t happen. Two incompetents were elected president after him and reversed everything he did. 47 and 48 will be even better.

    But millions of born and unborn children’s lives will be lost or ruined in the meantime, they complain. Black Lives Matter, they protest. Their arrogance prevents them from seeing past the bodies rotting in the street to see the masses whose lives they hold for ransom.

  2. posted by Tom Scharbach on

    A few quiet notes about the Executive Order and the changes that are likely to follow from it:

    (1) The Executive Order, in and of itself, makes no changes to government rules or regulations. The Executive Order requires all federal departments and agencies to review, in consultation with the Attorney General, “all existing orders, regulations, guidance documents, policies, programs, or other agency actions” to ensure compliance with Bostock, and, within 100 days, to prepare a plan to bring department and agency regulations into compliance.

    (2) Based on the plan(s) submitted rules and regulations will be promulgated after department/agency plans have been submitted. The federal rule-making process requires hearings, opportunities to comment and challenge, and other safeguards. Although the rule-making process was frequently ignored during the Trump fiat-by-Tweet era, the Biden administration is likely to adhere to the law in this respect. The process is likely to take a six months to a year in most instances before rules and regulations take effect.

    (3) Promulgation will not be the end of the process, of course. Rules and regulations promulgated as a result of the Executive Order will, undoubtedly, be challenged in the courts. Conservative Christians will almost certainly raise free exercise claims, and the courts will have to consider, once again, the constitutional boundaries of free exercise with respect to laws of general application, and the role of RFRA in going over and above constitutional requirements with respect to protection of free exercise in that context.

    All in all, based on the most likely scenario before material changes are made to “existing orders, regulations, guidance documents, policies, programs, or other agency actions”, it strikes me that Chicken Little memes evident in this post are premature.

    It is somewhat ironic, to someone of my age, to see conservatives become staunch defenders of equality for girls in school sports, considering the history of loud, vehement, near-hysterical opposition to “sports equality” during the period when the question of whether or not schools were required to provide parallel sports opportunities for boys and girls was considered following enactment of the Civil Rights Act of 1964. At that time, conservatives argued that parallel sports opportunities for girls would inevitably lead to destruction of sports for boys by diverting resources to sports for girls. Those arguments turned out to be nonsense, of course, and I expect that arguments that allowing a few transgender high school kids to participate in sports according to gender identity rather than biological birth-gender will turn out to be equal nonsense.

    The Executive Order, and the rules and regulations promulgated as a result, involve difficult questions — public policy questions, legal questions and constitutional questions. The issues deserve rational discussion. I expect fierce differences between various constituencies that will need to be hammered out, but premature ranting and hysteria does not advance rational discussion of those issues.

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