Dissenting opinion in the Fourth Circuit case on transgender students and restrooms

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Source: Follow-up dissenting opinion in the Fourth Circuit case involving transgender students and restrooms – The Washington Post.

Until a few months ago, there is universal agreement particularly among women that men should not be allowed into female bathrooms and change rooms. There are relatively few transgender people according to New York at times estimates, and few had heard of them until recently to discriminate against them in long-standing bathroom arrangements.

This is not a case of sex discrimination. It is some people being rather unusual and not fitting into arrangements that suit everybody else. These arrangements regarding bathrooms, change rooms and privacy were crafted with absolutely no malice or hostility towards those who find them inconvenient such as transgender people. You just cannot please everybody.

There are certainly hostility and indeed violence against transgender people. That violence is by a minority full of hate looking for someone to hate on any criteria. There are some people are not nice and who take pleasure in being nasty and at times violent towards other people. That is separate from managing the long-standing human preference for bodily privacy.

Opposing discrimination is about telling people to stop being an arsehole. They have preferences  about who they deal with that are appalling and mean. The segregation of bathrooms and changing rooms by sex is about a fundamental human desire for bodily privacy.

Stephen Fry on being offended

https://twitter.com/Terodur/status/533404447465283584

Watch what happens when an attractive guy walks around NYC

The very last part of the clip is hilariously funny.

No more witty politicians

Did the crowd boo when Gough Whitlam was so ill-mannered as to refer to Kerr’s cur? Did the crowd at the steps of Parliament chant ‘manners, Gough, manners’ rather than ‘shame, Fraser, shame’?

When Gough was challenged by a voter for his view on the contentious issue of abortion, hoping to catch him out, Whitlam replied that he was for abortion and in the heckler’s case, he wished that abortion would be retrospective. Everyone laughed and Gough got off the hook.

30 years ago when public meetings in elections were raucous affairs rather than photo opportunities, being able to give as good as you get was a key political skill.

Public meetings were tests of a politician’s mantle and those that did not fight back were judged to be weak. Stand-up comics had easier initiations.

Wit has lost its place in public discourse.

Robert Muldoon pinged the famous insult “New Zealanders who emigrate to Australia raise the IQs of both countries”.

Consider David Lange:

  • Micheal Bassett was a member of parliament and a cousin on my father’s side of the family. My father delivered him and it became plain in later days that he must have dropped him.
  • To US Ambassador H. Monroe Browne, who owned a racehorse called Lacka Reason: “You are the only ambassador in the world to race a horse named after your country’s foreign policy”.
  • And I’m going to give it to you if you hold your breath just for a moment…I can smell the uranium on it as you lean towards me.
  • …a man whose life is so boring that if it flashed past he wouldn’t be in it.

Paul Keating’s contributions to Australian culture would be lost:

  •  He described his opponents as “mangy maggots”, “intellectual rust buskets”, “gutless spivs”, “foul-mouthed grubs” and “painted, perfumed gigolos”.
  • Keating said of Howard: “From this day onwards, Howard will wear his leadership like a crown of thorns, and in the parliament I’ll do everything to crucify him”.
  • On Andrew Peacock: “A soufflé doesn’t rise twice”.
  • On Wilson Tuckey: “He’d be flat out counting past ten”.

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