Transgender Bathroom Issue -- Con Law Forum
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Transgender Bathroom Issue -- Con Law
How would you approach a transgender issue on a con law exam? Federal/state law banning transgenders from using the bathroom.
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Re: Transgender Bathroom Issue -- Con Law
On one hand, make arguments based on feelings. Rebut with bible scripture and other religious texts. Done
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Re: Transgender Bathroom Issue -- Con Law
From using the bathroom ever?
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Re: Transgender Bathroom Issue -- Con Law
Equal protection analysis a la Romer v. Evans.
- pancakes3
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Re: Transgender Bathroom Issue -- Con Law
did your prof write this question for your take-home?
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- Teoeo
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Re: Transgender Bathroom Issue -- Con Law
Can't you just look up some of the most recent appellate cases in this area and look at the briefs filed by both sides?
edit: didn't see it was con-law, deleted Title VII / Title IX analysis.
edit: didn't see it was con-law, deleted Title VII / Title IX analysis.
Last edited by Teoeo on Sat Jan 13, 2018 12:13 pm, edited 1 time in total.
- 2807
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Re: Transgender Bathroom Issue -- Con Law
If arguing discrimination based on sex, which sex does the plaintiff claim when making the argument ?Nebby wrote:Equal protection analysis a la Romer v. Evans.
Does the plaintiff-male say he is a female that cannot use the female restroom?
That seems a bit conclusionary.
So, one will have to prove they are the victimized-gender prior to then pleading maltreatment.
How exactly does one prove that?
- A. Nony Mouse
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Re: Transgender Bathroom Issue -- Con Law
I’m not sure this is going to be a productive discussion bc it seems to be getting to the validity of the argument and we don’t need to go there in the on-topics.2807 wrote:If arguing discrimination based on sex, which sex does the plaintiff claim when making the argument ?Nebby wrote:Equal protection analysis a la Romer v. Evans.
Does the plaintiff-male say he is a female that cannot use the female restroom?
That seems a bit conclusionary.
So, one will have to prove they are the victimized-gender prior to then pleading maltreatment.
How exactly does one prove that?
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Re: Transgender Bathroom Issue -- Con Law
I would try to approach is as a discrimination based on gender issue -> intermediate scrutiny / EP
Also, wasn't there a federal district court or appeals court that recently decided (like, last 2 weeks) that discrimination based on sexual orientation was gender-based discrimination? Because if so, I feel like you have a pretty good arg for extending that analysis to trans issues.
Also, wasn't there a federal district court or appeals court that recently decided (like, last 2 weeks) that discrimination based on sexual orientation was gender-based discrimination? Because if so, I feel like you have a pretty good arg for extending that analysis to trans issues.
Last edited by NoDayButToday on Fri Jan 26, 2018 10:44 pm, edited 1 time in total.
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Re: Transgender Bathroom Issue -- Con Law
I don't know. Romer v. Evans wasn't about sex-based discrimination, and the argument against transgender bathroom bans relying on Romer wouldn't be either.2807 wrote:If arguing discrimination based on sex, which sex does the plaintiff claim when making the argument ?Nebby wrote:Equal protection analysis a la Romer v. Evans.
Does the plaintiff-male say he is a female that cannot use the female restroom?
That seems a bit conclusionary.
So, one will have to prove they are the victimized-gender prior to then pleading maltreatment.
How exactly does one prove that?
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Re: Transgender Bathroom Issue -- Con Law
pancakes3 wrote:did your prof write this question for your take-home?
No, just predicting a question on an upcoming exam because it has been such a hot topic.
I think that trying to fit it into gender discrimination would be a good route to go. But what about trying to fit it into the personal autonomy analysis in Obergefell?
- pancakes3
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Re: Transgender Bathroom Issue -- Con Law
i'm far from a con law scholar but public restroom isn't the privacy/substantive due process stuff. equal protection is more on point.lawschoold0uche wrote:pancakes3 wrote:did your prof write this question for your take-home?
No, just predicting a question on an upcoming exam because it has been such a hot topic.
I think that trying to fit it into gender discrimination would be a good route to go. But what about trying to fit it into the personal autonomy analysis in Obergefell?
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