11 States Sue US Government Over Transgender Policies

I admit that the PPACA is not an area that I'm well versed in, but I would like to note that guidelines note that the rule applies to any entity that receives any funding from the HHS (e.g. accepting Medicaid patients).

I think that forcing hormone therapy to be provided for gender confirmation therapy will run afoul of the same problems faced by birth control. The rule explicitly refused to add a religious exemption for this sort of situation. If you want to talk about government wasting money by creating frivolous lawsuits, then this refusal should be your target.


Note: my objection to this is different than my objection to the guidance on the bathroom stuff.


I know that PwC extended sex discrimination to gender stereotyping. I have no problem with that, because it involves a discrimination that is based on an overt and outward display of behavior. I also have no problem with preventing discrimination against transgendered people when it is based on socially regulated conduct and trans people's refusal to comply with those social norms. This is different from areas where the discrimination is based on biological necessity and function (i.e. bathrooms). There, feminine and masculine women are required to use the women's bathroom. No one is telling women in pant suits to use the urinal. The law applies equally to all females and males. While the Virginia Military Institute case doesn't deal with Title VII and IX, I think that the case lays out an important point:1 there are inherent physical differences between the two sexes. The bathroom laws reflect that.


1

Physical differences between men and women, however, are enduring: "[T]he two sexes are not fungible; a community made up exclusively of one [sex] is different from a community composed of both." Ballard v. United States, 329 U. S. 187, 193 (1946).

"Inherent differences" between men and women, we have come to appreciate, remain cause for celebration, but not for denigration of the members of either sex or for artificial constraints on an individual's opportunity.

/r/nashville Thread Parent Link - npr.org