Neverending ENDA Debate (Bring In the Lawyers) |
| Published: October 8, 2007, 2:06 pm |
| Tags: sex, gender identity, gender, sexual orientation, barney frank, gay rights, lgbt, politics, discrimination |
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The debate about what the new ENDA will do continues. I made this comment on The Volokh Conspiracy a legal blog which had a guest post by conservative gay law professor Dale Carpenter this weekend:One of the things that is so perpelexing about the people who are in favor of the "gay-only" ENDA like Aravosis and Crain is their simultaneous lack of ackowledgement of the salience of gender and complicated parsing of gender-stereotype jurisprudence. They make the argument that transgender people don't need to be included in pending federal legislation because "a man who wants to cut off his penis and install a vagina in its place" has nothing in common with a gay man. This completely ignores the umbrella nature of gender discrimination on LGBT individuals which has not been acknowledged by the Courts. It is to fill THIS lack that federal legislation is needed and the original ENDA (HR 2015) addressed. Clearly what animates sexual orientation discrimination is the fact that (mostly, but [ Full article ] |
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