Trump Administration Eyes Defining Transgender Out of Existence

[AnneK]

He is running the country like a business like it needs be.

So, that's why he put steel and aluminum tariffs on Canada, claiming it was for national security?  Canada has been intimately tied to the U.S. in many ways for many years.  Canada is part of NATO and NORAD.  There was even a 2nd NORAD HQ in North Bay, Ontario.  Our military often has drills together and much, much more.  A security risk?  Yeah right!!!  That's even before we get to the disgraceful way he's treated Canada and other allies in general.  How is it good business to attack your allies, while helping your enemies?

It is hard to believe that he used to be a Democrat.

That's what happens when you're a sociopath.  He needed those bigots to get elected and went after them.

[AngieT]

Trump Administration Eyes Defining Transgender Out of Existence
https://www.nytimes.com/2018/10/21/us/politics/transgender-trump-administration-sex-definition.html

The war of trans people is getting hot, so everyone PLEASE get your legal paperwork done ASAP!

[Arianna Valentine]

Trump Administration Eyes Defining Transgender Out of Existence
https://www.nytimes.com/2018/10/21/us/politics/transgender-trump-administration-sex-definition.html

The war of trans people is getting hot, so everyone PLEASE get your legal paperwork done ASAP!

I wonder how Trump is going to make America great again when all the hard-working transgender Americans move to Canada or Mexico

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[Gertrude]

I am beside myself about this. He's not a SoCon, but he's paying for their support. I'm from NY and we all there know he's full of manure, but they take him as the second coming.  If he was running against the devil, I'd vote for the devil.


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[Karen_A]

With all my disagreements, really only LGBT rights, he is doing what should have been done a long time ago. He is running the country like a business like it needs be.

The objective of business is to make money for shareholder over everything else... the objective of our government is to help guarantee "Life, Liberty and the pursuit of Happiness".

So no the county should not be run like a business.... And in even those terms he is taking a very short sighted approach by heating up the economy for short term profits at the expense of long term fiscal health.

The deregulation combined with the tax cuts will eventual cause another huge bubble and crash... and there will not be the money for teh safety net.. and more than a few T*'s need that in this society, never mind most senior citizens need social security and medicare to have a decent retirement (and working until death is not a option for most between age discrimination and health issues)... and that goes double for many of us.

- karen

[GingerVicki]

So, that's why he put steel and aluminum tariffs on Canada, claiming it was for national security?  Canada has been intimately tied to the U.S. in many ways for many years.  Canada is part of NATO and NORAD.  There was even a 2nd NORAD HQ in North Bay, Ontario.  Our military often has drills together and much, much more.  A security risk?  Yeah right!!!  That's even before we get to the disgraceful way he's treated Canada and other allies in general.  How is it good business to attack your allies, while helping your enemies?

I believe that he is making America more independent. Less reliant of foreign trade and more reliant on domestic production. The American people will support this not fully understanding the big picture. He will absolutely step on anyone or any group to get this done and has already done so.

Trump is fortifying the country like it or not. To what end is another question. Why? Maybe the list of friendly counties ain't so friendly. For profit? I do not know, but one thing is for sure he really doesn't need more money and he knows it.

None the less, this is very serious and people should/need to get their paperwork/surgeries done ASAP.

[Mariah]

Sure sounds like the type of things we would have heard from the Nazis during World War II as they pushed for only those of type around everyone else had to go. Hugs
Mariah

While that's likely part of it, the bigger picture is pandering to those who support them.  Look at Trump's response to Charlottesville.  Look at how he's targeted Mexicans, Muslims and more.  It's a pull up the drawbridge and keep the others out kind of government.  If you're not one of "them" you're out.

[itsApril]

None the less, this is very serious and people should/need to get their paperwork/surgeries done ASAP.

Everyone PLEASE LISTEN to the point gingerViktorKay just made here!  At this point, the Affordable Care Act ("Obamacare") regulations regarding health insurance are STILL in effect.

As the article points out, the Department of Health and Human Services (HHS) is spearheading the effort to regulate us out of legal existence.  This is critical, because HHS has primary authority for establishing the healthcare regulations.

Under the present regulations, health insurance MUST cover medical and surgical treatment related to trans folks.  If HHS CHANGES the regulations to eliminate this mandate, health insurers will REVERT to their earlier practice of DENYING services to trans folks on grounds that the procedures and services are "elective," or "cosmetic," or "experimental."

The practical meaning of this: If you have ACA-compliant health insurance, the door is currently OPEN to receiving covered trans-related health services.  Next year, that door may CLOSE.

Most of us are not wealthy.  For most trans folks, getting trans-related health services is doable if they are covered by your health insurance.  If they are NOT covered, they are likely out of reach.

Do it NOW, while the door is STILL OPEN!

[Mariah]

DNA testing does break the unwarranted search and seizure. This ruling will go to court and likely to the Supreme Court based on how lower judges our overturning Trump Policies. Hugs
Mariah

[Dena]

How this should play out, Trump has assembled a court that interprets the constitution textually. This means congress can only pass laws that meet the constitutional requirements of Article one, Section 8. Rules and regulations of both the Obama and Trump administration are invalid when applied to the public unless approved by congress. Because the federal government lacks the power, the power belongs to the people or the state if given to the state by the people. Somewhat by default, Birth Certificates are still a power that belongs to the state and not the federal government. How the state defines what goes on the Birth Certificate shouldn't be something the federal government can alter.

This creates a legal mess because if the federal government decides to exceed their powers, what do you do about the many like me who have changed our records in the past? Records will become mismatched and items like Real ID will become impossible because records will not match up. Next complication is intersex people because how do you define them. It's entirely possible that they have been one gender all their life and a genetic test completely redefines their existence.

It would have been better had the Obama administration not started things in motion however now it appears it will need to go to the court and everything that either administration has attempted will be discarded because the federal government has no power in this area. Yes it may be difficult for a while but I can't see how this can stand up in the current court and as the ruling will be sound, how a newer court could overturn it.

[KathyLauren]

And folks wonder why I will not visit the U.S.!

I am so scared...

The purpose of this proposal is to make you scared.  Don't be scared.  Be angry.

This ruling will go to court and likely to the Supreme Court based on how lower judges our overturning Trump Policies.

That is not exactly a comforting thought.

[CarlyMcx]

A science fiction short story I read in high school comes to mind (?Clark? Vonnegut? Bradbury?). Relying on my 40 year old memory, the plot was roughly that a group of scientists discover a creature in the jungles of Africa they believe to be the missing link between Homo Sapiens and animals. When they decide to do an autopsy to study the creature's brain, the case is brought to court to determine whether the creature should be treated as an animal or has the rights of a human.

Transgender people have reached the point in society where there is a tremendous amount at risk or to gain. Regardless of the outcome, it is a huge step forward for the US Government to stop waffling by trying to define gender through a series of decisions and legal precedence and develop an explicit and uniform legal definition of gender.

Was that story called "Her Habilene Husband?"

[DustKitten]

Whatever your personal politics may be, put them aside: we can all agree that discrimination against ANY minority group (us included) is bad. That's the only issue under discussion.

Those of us living in the United States NEED to figure out the following things:

1. How do we keep this from getting worse?

2. If things do get worse, what will we do?

We can't just sit on the sidelines and TALK about it without planning to do anything about it. This is a serious issue for us, we need to agree on a plan of action to address it, and execute that plan together. I don't just mean everyone on Susan's either, this affects the entire transgender community. I'm not much of an organizer, but I think we ALL need to have this conversation together.

I don't have any solutions for question 1, but I think we may be able to apply for asylum in other countries if our government makes another move against us. Thoughts?

[jkredman]

Whatever your personal politics may be, put them aside: we can all agree that discrimination against ANY minority group (us included) is bad. That's the only issue under discussion.

Those of us living in the United States NEED to figure out the following things:

1. How do we keep this from getting worse?

2. If things do get worse, what will we do?

We can't just sit on the sidelines and TALK about it without planning to do anything about it.

First things first.  Midterm elections are Nov.   6.   Make sure you vote.

Second, communicate with your elected officials.  At the state and federal levels they all have email addresses.

Third make sure your friends are aware of this.  Those who care about you will understand how scary this is for us. 

Finally pray for the greater good to prevail. 


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[tgchar21]

From what I understand no one would be *forced* to take a DNA test, but rather the only way you could have your legal gender (as far as the federal government is concerned) changed would be to demonstrate that you birth-assigned gender does not match your karyotype (i.e. AFAB but have at least one Y chromosome or AMAB but have no Y chromosome).

If this goes through we might end up with a DOMA-esque scenario where you could legally be one sex under the laws of your state of residence but the other under another state's or the federal government's laws.

[GingerVicki]

Trump's recent perfectly timed SCOTUS appointee Kavanaugh...

I could be wrong, but I do not believe that the supreme court is on our side.

<sigh> Damn doom and gloom

[Dena]

Trump's recent perfectly timed SCOTUS appointee Kavanaugh...

I could be wrong, but I do not believe that the supreme court is on our side.

<sigh> Damn doom and gloom

The reason the left was so upset with Kavanaugh is because he would end Roe vs Wade under the argument that it wasn't constitutional. The same argument/logic applies in this case. It doesn't matter what Kavanaugh's personal views are, it's his legal opinion that's important and if that is used, both issues would be unconstitutional.

Textual judges follow the constitution as it's written and their personal view can't be considered in their decision. This results in consistent decision that can be predicted in advance and it's why we must have judges who can ignore their personal views. If we don't have this, we have a king where one person can rule the country. This is something the constitution was designed to prevent as long as it's words were the law of the land.

[laurenb]

I'm nauseous. I read it. And then, I read the comments. You'll see my comment response to "I'm a gay person who's been angered by our community being hijacked by the transgender folks at war with science".... Holy Sh*t folks! I know, I took the bait. But geezuz. A gay person? You got yours and now to f**k with the rest of us. Who do you think they're coming after next, dude?

I'm so tired of this. Here in Massachusetts, of all places, they're trying to roll back our public accommodation rights this November. Really? Like WTF?

[Complete]

From what I understand no one would be *forced* to take a DNA test, but rather the only way you could have your legal gender (as far as the federal government is concerned) changed would be to demonstrate that you birth-assigned gender does not match your karyotype (i.e. AFAB but have at least one Y chromosome or AMAB but have no Y chromosome).

If this goes through we might end up with a DOMA-esque scenario where you could legally be one sex under the laws of your state of residence but the other under another state's or the federal government's laws.

I really think you are all getting severely over exercised over your worst fantasies. Ultimately, reality will prevail,  not  hysterical hyperbole .

[Karen_A]

The reason the left was so upset with Kavanaugh is because he would end Roe vs Wade under the argument that it wasn't constitutional. The same argument/logic applies in this case. It doesn't matter what Kavanaugh's personal views are,

Given his ranting about the Clintons trying to get revenge I have my doubts about that... If be believed that he is irrational. and if not he was willing to lie  to congress to get to the levers of power, which is not how a judge which could put aside his personal opinions would act.

Textual judges follow the constitution as it's written and their personal view can't be considered in their decision.

But when the specifics are not spelled, nor the specifics of the questions at hand never seriously imagined, and times were so hugely different at the time of the writing of the constitution,  how what IS written should be applied is not always obvious ...

So there is always room for finding a way to justify personal beliefs on either side that sounds reasonable.

This results in consistent decision that can be predicted in advance and it's why we must have judges who can ignore their personal views. If we don't have this, we have a king where one person can rule the country.

I have to disagree.. The spirit of the intent, as well as taking into consideration ho much the world has changed from when the words were framed, needs to be taken into account when interpreting the constitution.

The constitution needs to be applied with consideration to current realities. Those who call themselves strict texualists AFAIK invariably seem to fall on only one side of the political spectrum - and I think that is telling.

- Karen