From the New York Times:
The legal battle over which bathrooms transgender people can use in North Carolina turns on a deceptively simple question: Can a law, written in the heat of the civil rights movement generations ago, apply to people the drafters never intended to cover?
Well, I’m no legal scholar, but the answer’s ‘no’ isn’t it? That’s not a deceptively simple question, it’s just a simple question.
The federal Civil Rights Act of 1964 was passed after years of marches, beatings, sit-ins and lynchings, part of the convulsive change across the country that gave African-Americans the same rights that white citizens had to drink at water fountains, get jobs, buy homes, stay at hotels and vote.
It was hard-work killing-off the musty old Classical Liberal principle of Freedom of Association, but they did it! Huzzah! Good riddance, Freedom of Association, you RACIST!
I didn’t even know the right to drink at a water fountain was a right. They’re difficult to keep track of, rights, even ones that were discovered back in the 1960s. There’re always new ones being discovered. Just imagine, back in the distant past, before the universe existed, when all there was was wibbly-squibbly platonic forms floating about all nominal-like in the pre-existence one of them was the right to use a water fountain. And that right waited for infinity years, until 1965, when it was finally discovered by some legal scholar, let’s call him/her/it Judge Screwball.
A creature of its time, the law prohibits discrimination because of “race, color, religion, sex or national origin.”…. The rights of transgender people never came up.
It was the 1960s. The world was only just beginning to go completely mental. It hadn’t got there yet. The rights of transgendered people hadn’t been discovered yet.
This is the history that Gov. Pat McCrory of North Carolina turned to when he sued the Justice Department on Monday, arguing that sex means biological sex, and nothing more. “The Obama administration is bypassing Congress by attempting to rewrite the law,” he said.
Another thing that hadn’t been discovered yet in the 1960s, but which we’ve since discovered with our scarily-enlightened rights-discovery-industry is that there’s a whole bunch of non-biological stuff meant by the word ‘sex.’ Fascinating, whimsical, unmeasurable psychological stuff!
In explaining her case, Attorney General Loretta E. Lynch also harked back to the civil rights struggle…
“It was not so very long ago that states, including North Carolina, had other signs above restrooms, water fountains and on public accommodations, keeping people out based on a distinction without a difference,” she said.
A distinction… without a difference? This is a noodle-scratcher ain’t it? What the crap is she trying to say?
Probably that distinguishing between someone who says they’re a woman and someone who is a woman is wrong. Because there’s no difference!
How do you establish the pretence that there are no biological differences between the sexes? Well, you base your argument on the already established pretence that there is no biological difference between the races. Check mate, McCrory!
“We have moved beyond those dark days, but not without a tremendous amount of pain and suffering and an ongoing fight to keep moving forward.”
We’re going to keep on fighting until biology and genetics and all that other racist stuff is no longer a part of anyone’s knowledge and certainly not the basis for any policies! Personally, I can’t wait until we live in the enlightened age of universal dogmatic ignorance! Facts be damned!