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American Principles Project Blog

Contributions by the American Principle Project and its collaborators
Feb 26
2010

Implications of transgender legislation

Posted by: Timothy Whittle in APP Blog

Timothy Whittle

I wrote before about the proposed House bill, the Student Nondiscrimination Act of 2010.

The bill was clearly motivated by a radical agenda; now, we have the chance to see what that bill might lead to, should it pass.

A similar bill (LD 1196, “An Act to Extend Civil Rights Protections to All People Regardless of Sexual Orientation,”) has been law in Maine since 2005, and questions are now being asked about whether the bill goes too far in its attempt to "protect" the rights of transgender students.

Here are the fruits of Maine's legislative labor (bold mine):

New guidelines under consideration by the Maine Human Rights Commission designed to clarify the rights of transgender students in Maine has sparked a passionate debate over what some feel are impractical or abhorrent new requirements for public schools.

The commission’s proposed guidelines … state that transgender students are guaranteed access to public school bathrooms, locker rooms and sports teams based on whatever gender they consider themselves to be.

That means a boy who identifies himself as a girl is by law allowed to use girls bathrooms, locker rooms and participate on girls sports teams, or vice versa. Being “transgender” means having a gender identity that is opposite a person’s biologically assigned sex at birth.

Various moral, ethical, and practical issues aside, there are also questions regarding the commission’s broad power to interpret the vague law in any way it sees fit.

If the current Congress approves the comparable Student Nondiscrimination Act of 2010, who is to say that a commission appointed by President Obama wouldn’t interpret and apply the law similarly?

Comments (1)Add Comment
...
written by Dan, June 21, 2010
I disagree. I think that as somebody mentioned on your other post, this is a slippery slope argument. I notice that you don't cite any empirical evidence that the Maine legislation has caused problems, and I also don't see anywhere in the SNDA where it creates unisex bathrooms.

This seems to be an issue of something deeper, because the bill's intentions are to protect students from discrimination. Even if there is some radical, hidden agenda to tell people that discrimination on the basis of sexual orientation is bad thing, that isn't a reason why we shouldn't try to protect our children.

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