nikolai_42
Well-known member
I'm not a lawyer, but just a few minutes of reflection (and I'm not even certain how deep that reflection is...) makes me wonder how the law can withstand any sort of attempted defense of the bathroom laws being foisted upon the American public. After all, the only thing that could be said to be of substance here (that I can see) is someone's feelings. That is, to legally defend the right to use whatever bathroom, shower or locker room one wants on the basis of self-identification is to defend one thing only - one's feelings.
1. When one gets a restraining order, isn't that discrimination? It's singling out one person on the assumption that they will be dangerous (profiling, right?). But the law allows it because it actively promotes safety of the individual. Even at the risk of hurting the feelings of the one who is being discriminated against....
2. The requirement to use the bathroom aligning with the gender declared on one's birth certificate - based on the sex organs one was born with - places no undue burden on anyone...again, unless you are talking about subjective feelings. There is nothing to be gained in the public by legally mandating that anyone can use any bathroom or shower at any time they feel like. Nothing.
3. On the other hand, to so rule that anyone who wants to can use any shower, bathroom, locker room etc...that they want to, seems akin to striking down a restraining order on the basis that it is discriminatory. Or what about the workplace? Aren't we told that there are very strict guidelines on what is allowable in terms of co-worker behavior? Can't even a suggestive picture be considered sexual harrassment? How much more someone of the opposite sex in the same public restroom as you? Or even the same shower?!?
To legally mandate this radical idea of non-discrimination has only serious downsides. The only upside that there might be is that it makes someone feel "good". But at what expense? Where has the idea of justice gone? If one can't legally define gender with any rigidity, how can anything be considered wrong (besides based on subjective feelings)?
And isn't there some legal test to say a law has to make some sort of sense? Overturning the definition of gender is lunacy. The inmates are, indeed, running the asylum.
1. When one gets a restraining order, isn't that discrimination? It's singling out one person on the assumption that they will be dangerous (profiling, right?). But the law allows it because it actively promotes safety of the individual. Even at the risk of hurting the feelings of the one who is being discriminated against....
2. The requirement to use the bathroom aligning with the gender declared on one's birth certificate - based on the sex organs one was born with - places no undue burden on anyone...again, unless you are talking about subjective feelings. There is nothing to be gained in the public by legally mandating that anyone can use any bathroom or shower at any time they feel like. Nothing.
3. On the other hand, to so rule that anyone who wants to can use any shower, bathroom, locker room etc...that they want to, seems akin to striking down a restraining order on the basis that it is discriminatory. Or what about the workplace? Aren't we told that there are very strict guidelines on what is allowable in terms of co-worker behavior? Can't even a suggestive picture be considered sexual harrassment? How much more someone of the opposite sex in the same public restroom as you? Or even the same shower?!?
To legally mandate this radical idea of non-discrimination has only serious downsides. The only upside that there might be is that it makes someone feel "good". But at what expense? Where has the idea of justice gone? If one can't legally define gender with any rigidity, how can anything be considered wrong (besides based on subjective feelings)?
And isn't there some legal test to say a law has to make some sort of sense? Overturning the definition of gender is lunacy. The inmates are, indeed, running the asylum.
