I suppose this is good news for now, but the administration is likely going to appeal this and all LGBTQ rulings that they don’t like, up to SCOTUS if necessary, and there they will likely get a ruling in their favor.
A Supreme Court ruling in favor of the administration is possible but by no means certain. Thomas and Alito can almost always be counted on to vote for evil, but the other four conservative Justices do at least sometimes reject the most blatant actions of the administration.
But that's not really the point of this exercise anyway. The point is to make noise and Look Tough(tm) and stigmatize queer people. Doing actual harm in the form of cutting off funding is really only a side benefit.
The SCOTUS isn’t in a good place right now for sure, but it also has its own interests in the form of preserving its own legitimacy and privileges, which is a large motivation we believe in some of their decisions that haven’t kowtowed. We’ll see, though…
Brain dead conservatives like to portray being trans as an ideology or some sort of cult. But they're so far up their own asses they can't see the obvious implication of what they're arguing.
Is being trans a religion? I wouldn't say so. But there are certain elements of belief at the core of trans identities. If I were to lay out some foundational premises for "trans ideology" they might be:
1. It's possible to change one's sex, or at least gender.
2. It is morally and spiritually justifiable, and perhaps even mandatory, for trans people to transition and embrace their identity.
3. It it a moral necessity to treat trans people as the gender they identify as.
4. It is a moral and spiritual necessity that trans people have access to the medical treatment they need to embrace their true identities.
You could write many more, but these are examples of some of the actual beliefs that would make up "trans ideology." And these are ultimately beliefs. Someone's definition of man/woman, male/female is ultimate based on their own moral and religious beliefs. Despite what conservatives claim, it's not simply a matter of "basic biology." Hell, I would argue that trans women are biologically female. Most in trans spaces just takes these as priors, even if they don't explicitly consider them as foundational beliefs for being trans. But they really are necessary priors for the entire idea of gender transition to make sense.
But from a legal framing? Trans people are a distinct social group. We have at loosely shared set of beliefs and practices. And there's a long history of our people being persecuted for practicing our beliefs. We don't really perceive ourselves as a religious group. But the way conservatives describe us, we are basically a cult.
But if we are a cult or a new-age religious movement, then that means we have certain religious rights. I personally vacillate between agnostic and progressive Christian. But when I am feeling religious, I feel that a trans person almost needs to transition to live the life they were meant to live. Transitioning is simply a trans person's personal cross to bear.
You want to make us a religion? Honestly, at this point, fine. Then I demand our religious liberty be respected and our practices be protected by law. You want to play that game? Fine. HRT and surgeries are part of our religious practice, and the law needs to respect our beliefs. My soul is female, regardless of what body it was born in. And I need E for my soul to thrive. And surgeries? Well think how many religions integrate surgery into their practice. Most males in the US are circumcised, often as a matter of religious practice. Hell, there are no shortage of ancient religious practices entirely centered around trans identities.
Churches across the country hand out wine to minors, a practice protected by the first amendment. Certain Native American tribes have access to peyote protected as a religious right. And if someone can demand to be allowed to wear a yarmulke or hijab in a workplace setting, then we can demand to have our pronouns respected.
If being trans is an ideology, if being trans is a religion, then we have certain religious rights, and no one has the right to take those rights away from us.
Not that I specifically endorse this framing. But if you really want to go down the "trans is a cult" route, then this is where that road leads. You don't get to outlaw cults and persecute their members simply because you dislike their beliefs and practices. If being trans is a cult, then our practices must be protected by religious liberty.
And since Trump! & Company have the only actual gender ideology involved -- and it is a conspiracy against the rights of some Americans -- his actions are color-ably illegal per 18 U.S. Code § 242 - Deprivation of rights under color of law, and, 42 U.S. Code § 1983 - Civil action for deprivation of rights.
I look forward to Democrats vigorously carrying out the prosecutions . . .
Let them appeal. The truth, the science, the right to life, liberty and the pursuit of happiness is on the side of non binary gender. Trumps ideology is just stupidity..individual freedom does not belong to a few sick mentally ill white supremacist men.
This stuff is complicated, and I am so grateful that you unpack it all for me and probably a few others, Erin.
I urge us all to make sure that when the term "gender ideology" appears in a news report that it be inside quotation marks to denote that it is a term created and promoted by a political leader who possesses a political ideology, not a term previously used by most people. Trump and MAGA must not succeed in convincing the American public that being trans is ideological rather than a simple state of being human. Being trans is not ideological any more than being gay is "sexual ideology".
I'll always take a positive development as good news! Fingers crossed that it will stand and that ultimately SCOTUS does the right thing. Maybe that's a fantasy. I agree with Tommy Lamont who urges that we ensure any communications about "gender ideology" puts that term in quotes - it's a made up, illegitimate concept invented by bigots and bullies.
It's a step, but too bad it only applies to the plaintiffs.
I suppose this is good news for now, but the administration is likely going to appeal this and all LGBTQ rulings that they don’t like, up to SCOTUS if necessary, and there they will likely get a ruling in their favor.
A Supreme Court ruling in favor of the administration is possible but by no means certain. Thomas and Alito can almost always be counted on to vote for evil, but the other four conservative Justices do at least sometimes reject the most blatant actions of the administration.
But that's not really the point of this exercise anyway. The point is to make noise and Look Tough(tm) and stigmatize queer people. Doing actual harm in the form of cutting off funding is really only a side benefit.
The SCOTUS isn’t in a good place right now for sure, but it also has its own interests in the form of preserving its own legitimacy and privileges, which is a large motivation we believe in some of their decisions that haven’t kowtowed. We’ll see, though…
They may or may not .
Brain dead conservatives like to portray being trans as an ideology or some sort of cult. But they're so far up their own asses they can't see the obvious implication of what they're arguing.
Is being trans a religion? I wouldn't say so. But there are certain elements of belief at the core of trans identities. If I were to lay out some foundational premises for "trans ideology" they might be:
1. It's possible to change one's sex, or at least gender.
2. It is morally and spiritually justifiable, and perhaps even mandatory, for trans people to transition and embrace their identity.
3. It it a moral necessity to treat trans people as the gender they identify as.
4. It is a moral and spiritual necessity that trans people have access to the medical treatment they need to embrace their true identities.
You could write many more, but these are examples of some of the actual beliefs that would make up "trans ideology." And these are ultimately beliefs. Someone's definition of man/woman, male/female is ultimate based on their own moral and religious beliefs. Despite what conservatives claim, it's not simply a matter of "basic biology." Hell, I would argue that trans women are biologically female. Most in trans spaces just takes these as priors, even if they don't explicitly consider them as foundational beliefs for being trans. But they really are necessary priors for the entire idea of gender transition to make sense.
But from a legal framing? Trans people are a distinct social group. We have at loosely shared set of beliefs and practices. And there's a long history of our people being persecuted for practicing our beliefs. We don't really perceive ourselves as a religious group. But the way conservatives describe us, we are basically a cult.
But if we are a cult or a new-age religious movement, then that means we have certain religious rights. I personally vacillate between agnostic and progressive Christian. But when I am feeling religious, I feel that a trans person almost needs to transition to live the life they were meant to live. Transitioning is simply a trans person's personal cross to bear.
You want to make us a religion? Honestly, at this point, fine. Then I demand our religious liberty be respected and our practices be protected by law. You want to play that game? Fine. HRT and surgeries are part of our religious practice, and the law needs to respect our beliefs. My soul is female, regardless of what body it was born in. And I need E for my soul to thrive. And surgeries? Well think how many religions integrate surgery into their practice. Most males in the US are circumcised, often as a matter of religious practice. Hell, there are no shortage of ancient religious practices entirely centered around trans identities.
Churches across the country hand out wine to minors, a practice protected by the first amendment. Certain Native American tribes have access to peyote protected as a religious right. And if someone can demand to be allowed to wear a yarmulke or hijab in a workplace setting, then we can demand to have our pronouns respected.
If being trans is an ideology, if being trans is a religion, then we have certain religious rights, and no one has the right to take those rights away from us.
Not that I specifically endorse this framing. But if you really want to go down the "trans is a cult" route, then this is where that road leads. You don't get to outlaw cults and persecute their members simply because you dislike their beliefs and practices. If being trans is a cult, then our practices must be protected by religious liberty.
And since Trump! & Company have the only actual gender ideology involved -- and it is a conspiracy against the rights of some Americans -- his actions are color-ably illegal per 18 U.S. Code § 242 - Deprivation of rights under color of law, and, 42 U.S. Code § 1983 - Civil action for deprivation of rights.
I look forward to Democrats vigorously carrying out the prosecutions . . .
Well, not Newsom.
While this latest win is a great start I’m still very worried that this racist president will not stop until he is out of office
I can only hope as these law suites go up to the next level they are confirmed over and over
Let them appeal. The truth, the science, the right to life, liberty and the pursuit of happiness is on the side of non binary gender. Trumps ideology is just stupidity..individual freedom does not belong to a few sick mentally ill white supremacist men.
Good first step.
This stuff is complicated, and I am so grateful that you unpack it all for me and probably a few others, Erin.
I urge us all to make sure that when the term "gender ideology" appears in a news report that it be inside quotation marks to denote that it is a term created and promoted by a political leader who possesses a political ideology, not a term previously used by most people. Trump and MAGA must not succeed in convincing the American public that being trans is ideological rather than a simple state of being human. Being trans is not ideological any more than being gay is "sexual ideology".
I'll always take a positive development as good news! Fingers crossed that it will stand and that ultimately SCOTUS does the right thing. Maybe that's a fantasy. I agree with Tommy Lamont who urges that we ensure any communications about "gender ideology" puts that term in quotes - it's a made up, illegitimate concept invented by bigots and bullies.