Trump Administration Asks Supreme Court to Permit Employment Discrimination Against Transgender
The Trump administration’s Department of Justice is asking the Supreme Court to set a legal precedent that would enable employers to fire employees because they are transgender.
The Department of Justice has submitted a brief to the Court Friday asking the Justices to rule that Title VII, a federal law that prohibits employment discrimination on the basis of sex, race, color, religion or national origin, does not protect transgender people. The department argued that they should throw out a lower court ruling that found that a funeral home that fired a transgender woman had discriminated against her.
The brief concerns R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission, one of three cases that the Supreme Court agreed to hear earlier this year that concern whether Title VII can be applied to LGBTQ workers.
In the case, the U.S. Court of Appeals for the 6th Circuit found that the owner of the funeral home, Thomas Rost, had violated the law when he fired Aimee Stephens, a transgender woman who worked for the company from 2007 to 2013. According to court documents, Stephens sent the company a letter in 2013 that said she struggled with a “gender identity disorder” and planned to begin to live as a woman, including by wearing the company’s female uniform – a jacket and skirt – instead of a suit and tie.
Offsite Linkby Anonymous | reply 90 | August 24, 2019 2:32 PM
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Well, whadya know? Trump would have a lot of supporters in the anti-trans lobby of loons on DL. I always thought the loons had something in common with him. This proves it.
by Anonymous | reply 1 | August 18, 2019 6:03 AM
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[quote]transgender woman had discriminated against her
Speaking of loons, a man in a frock and a bit of slap is not a woman. It's a MAN. Only the blind and regressive believe otherwise.
by Anonymous | reply 2 | August 18, 2019 6:06 AM
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That's fucked up. No, no one be sacked or constantly under threat of it just because they're trans. Aren't there any enforceable anti-sexism laws re: employment in USA? Because they ought to cover people who are trans-identified, or who otherwise don't happen to fit within the prevailing stereotypes and expectations of the time. There's no good reason a woman should be forced to wear makeup and high heels for work, and there's no reason a man should face being fired for wearing heels and makeup- so long as it's not a health and safety issue for his job.
That said, he's not a woman, even if he really wants to be, thinks he is, or says he is. Male and female workers deserve the option for privacy, dignity and safety of sex-segregated bathrooms, and anywhere else they're pissing, sleeping [eg overnight quarters] or undressing.
by Anonymous | reply 3 | August 18, 2019 7:20 AM
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Being trans and non-binary are fads.
by Anonymous | reply 5 | August 18, 2019 9:05 AM
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If you can do your job, that should be the end of it. People shouldn’t be fired because of what they are.
by Anonymous | reply 6 | August 18, 2019 9:12 AM
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Sounds like a GREAT idea to me! Who wants a fucking perverted lunatic as a co-worker?
by Anonymous | reply 7 | August 18, 2019 9:15 AM
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What’s Trump voter asshole cunt Caitlyn Jenner have to say about this? The fucking stupid bitch.
by Anonymous | reply 8 | August 18, 2019 9:24 AM
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Jenner wouldn't give a fuck. He's as libertarian as Dump ie. Totally. Until it inconveniences him.
by Anonymous | reply 9 | August 18, 2019 9:28 AM
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R4 Refusing to pander to the whim and fantasy of another is NOT bigotry.
by Anonymous | reply 10 | August 18, 2019 9:29 AM
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Both r5 and r6 are correct
by Anonymous | reply 11 | August 18, 2019 9:30 AM
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Not that I'm an employer but if I was I would want the best person for the job and I don't give a fuck about their gender - the best person for a job is always the best person period! What's between the legs has nothing to do with it.
by Anonymous | reply 12 | August 18, 2019 9:33 AM
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Caitlyn Jenner may be a woman now but still thinks like a White Privileged Republican with a penis.
by Anonymous | reply 13 | August 18, 2019 9:43 AM
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This is the Republicans way of baiting the Democrats to focus on transgendered people which cannot get us the majority in Congress rather than talk about healthcare and the impending Trump Recession.
by Anonymous | reply 14 | August 18, 2019 9:45 AM
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This is good news for Dunaway!
by Anonymous | reply 15 | August 18, 2019 9:50 AM
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[quote]but still thinks like a White Privileged Republican with a penis.
That's because that's exactly what Jenner is.
by Anonymous | reply 16 | August 18, 2019 9:51 AM
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I thought Jenner’s pee pee was cut off?
by Anonymous | reply 17 | August 18, 2019 9:55 AM
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This is a bullshit angle on the story. It's not just trans he wants to discriminate against. It's gays and women and anyone whose body falls under the umbrella of a sex/gender that isn't straight cis-male.
by Anonymous | reply 18 | August 18, 2019 9:56 AM
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Sensible employers nowadays do through interviews BEFORE hiring anyone. They should be able to detect in the interview if the potential employee is cray-cray. (Or potentially cray-cray)
by Anonymous | reply 19 | August 18, 2019 9:59 AM
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[quote]Caitlyn Jenner is an autogynephiliac murderer who would/will never cut off his dick, because he jacks it thinking about how he's just as beautiful as his daughters (except Kong, of course)
Fixed it for you, R13.
Offsite Linkby Anonymous | reply 20 | August 18, 2019 10:13 AM
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Caitlyn Jenner is insufferable.
How many women that age get complimented on their looks ... from straight men who aren't gerontophiles?
by Anonymous | reply 21 | August 18, 2019 10:16 AM
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Climate change is having devastating effects. Democracy is under attack. Corporate corruption is out of control. But the shitheads are focused on perpetuating transgender hate.
The 'Mother' piglets invade a lot of DL threads with lies and raging about a minute sliver of society.
by Anonymous | reply 22 | August 18, 2019 10:18 AM
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Transgendered hate is the Republicans way of ensuring the Evangelical vote.
by Anonymous | reply 23 | August 18, 2019 11:06 AM
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I identify as Matt Dillon's underwear.
by Anonymous | reply 24 | August 18, 2019 11:15 AM
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Trump wants to dump any anti discrimination laws he can, starting with the ones he thinks he can get away with.
by Anonymous | reply 25 | August 18, 2019 11:19 AM
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Honestly I think the trans people are pretty nuts, but aren't there laws protecting the employment of people with mental illnesses? Even I don't think it's right for people to be fired just for being "trans."
by Anonymous | reply 26 | August 18, 2019 11:36 AM
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I wonder how LGBTQ Trump supporters feel now?
by Anonymous | reply 27 | August 18, 2019 11:42 AM
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What r26 said.
I've seen a lot of similarities between the trans fad and the multiple personality disorder/suppressed memories fad of the 1980s. Like the latter, I imagine the former will blow over, sooner or later.
But whether or not they're truly gender dysphoric, or mentally ill, or not -- everyone is entitled to basic dignity and respect. Attacking the trans movement is one thing; attacking individual trans people is something else entirely.
by Anonymous | reply 28 | August 18, 2019 11:44 AM
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[quote]Even I don't think it's right for people to be fired just for being "trans."
Doesn't it depend on the job? E.g., professional athletes and locker room attendants?
by Anonymous | reply 29 | August 18, 2019 11:53 AM
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And yet the Log Cabins Just endorses Trump for re-election because he “fulfilled his promises to LGBT”...
by Anonymous | reply 30 | August 18, 2019 12:10 PM
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The definition of who fits within the protected classes is important and may require the courts to clarify. Obviously the inclusion of T in the LGB has been a subject of much discussion on DL, and similarly, where does T fit in the law can be considered an open issue.
by Anonymous | reply 31 | August 18, 2019 12:19 PM
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[quote]Caitlyn Jenner, formerly known as Bruce, was one of the most beloved athletes of the 1970s and a gold medal-winning track star who set a world record in the decathlon at the 1976 Summer Olympics.
I don't like much of Jenner's Republican political views, especially on economics and candidate choices. Jenner's careless/distracted driving in part led to a fatality. I never watched the Kardashian reality TV trash.
Jenner's choice to transgender is fundamentally her business. Jenner is a celebrity, thus her lifestyle, fame, wealth, business and social contacts, are not typical of the vast majority of people, and certainly not the small fraction of society that are transgender. And transgenders are not homogenous in multiple dimensions, and stereotypic labeling can be cruel and discriminating.
Jenner was an outstanding athlete in the mid-70s. Jenner earned the notoriety with skill and determination. Few have matched that, and I respect Jenner for the incredible athletic success.
Offsite Linkby Anonymous | reply 32 | August 18, 2019 12:21 PM
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Sounds like they are going out of their way to stick it to trannies.
by Anonymous | reply 33 | August 18, 2019 12:26 PM
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[quote] And transgenders are not homogenous
Oh yes they most certainly are! They are ALL men who are medically mutilating themselves to replicate the worst socially-inculcated stereotypes of women.
by Anonymous | reply 34 | August 18, 2019 12:26 PM
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[quoteOh yes they most certainly are! They are ALL men who are medically mutilating themselves to replicate the worst socially-inculcated stereotypes of women.
Stop worrying about. Doubtful any of them are focused on your old virgin cooch. Same what other lesbians would think, sweetheart.
by Anonymous | reply 35 | August 18, 2019 12:34 PM
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r33, you have to admit that having a person at work who is wearing a dress but looks like a man could be somewhat disruptive in some situations and that employers have an interest in that.
by Anonymous | reply 36 | August 18, 2019 12:34 PM
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Considering how many said they would vote for Trump, r1, there was never any doubt.
by Anonymous | reply 37 | August 18, 2019 12:48 PM
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Once again biology 1 o 1. A male can never be a woman and a woman can never me a male. That taxpayers money is spent for them to slice and dice their bodies is a waste. That laws are passed to make sane people call the mentally ill the correct pronoun? WTH? A prospective employer that would interview one and doesn't him one, they open themselves to a lawsuit by them claiming sexual discrimination.
by Anonymous | reply 38 | August 18, 2019 1:07 PM
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The problem with this is that employers will abuse it.
I know a woman with an unusual name, which sounds male, who was accused of being trans because of her name. She is not trans. Some religious bigot at a government office just decided a female couldn’t possibly have that name. She looks female. They called the police on her and tried to have her arrested, for “lying on a government form,” which is a serious offense. Luckily, the police weren’t buying it.
She offered to provide a letter from a gynecologist saying she was female (she’s given birth) and they wouldn’t allow it and threw her out. If that was the welfare office, would they deny benefits for “lying”? You sign those forms under penalty of perjury. If they catch you lying you will be banned from receiving benefits for life.
Do you want to be at the mercy of narrow minded, ignorant deplorables with an axe to grind? What if one of them decides any masculine looking woman is trans, any effeminate gay man is trans? Once something like that gets on your record it is hell to get off.
by Anonymous | reply 39 | August 18, 2019 1:13 PM
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r25 is right. And if anyone here thinks permitting employment discrimination will end with trans people and LGB people are immune--think again. This will open a floodgate of discrimination, especially with the Supreme Court being stacked with right-wing justices. It starts with the easiest target of all and will only get worse.
by Anonymous | reply 40 | August 18, 2019 1:13 PM
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MtF trans will be in demand for jobs that require a quota of women but require a lot of upper body strength.
by Anonymous | reply 41 | August 18, 2019 1:21 PM
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And what kinds of jobs are those exactly, r41?
by Anonymous | reply 42 | August 18, 2019 1:24 PM
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Russian troll farm operatives impersonate blacks, black transgenders for Trump, radical feminists, immigrants, etc., that gravitate to messaging to support Trump. Keep such in mind.
[quote]“I am a black trans woman and after this amazing speech tonight I proudly say I support Donald Trump my President,” user “BlackTransQween” wrote, using a profile picture of a black transgender woman. “We need to get behind this man. “BlackTransQween” also tweeted against immigration and gender options on driver licenses."
Offsite Linkby Anonymous | reply 43 | August 18, 2019 1:45 PM
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Not sure I’m buying the story at R39. The police come and arrest you if a co-worker says you lied on a government form? And why would a woman with a man’s name (not completely unheard of) offer to get a gynecologist’s note instead of saying, “Fuck you,” and suing her employer for creating a hostile work environment?
by Anonymous | reply 44 | August 18, 2019 1:57 PM
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A few years ago I had a female student named Wilson who got hassled by the government because ‘he’ didn’t sign up for the draft. All it took was a phone call and a letter to clear things up.
by Anonymous | reply 45 | August 18, 2019 2:07 PM
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A vendor sent a rep to my workplace who is obviously a man in a dress. He does not pass at all. No woman would come into the workplace with her hair wrecked like that — the dude had a rat’s nest in a pony tail. He was taller & bigger than the other two men the vendor sent with him. He was a dude in a dress.
The ladies on my team...were confused. They assumed he’d use the single user stalls, but one ran into him in the Ladies room. He was washing his hands, and she said she was tempted to walk out. She instead went to a stall & waited for him to leave. She said she didn’t want to undo her pants to pee as long as he was in there, and apparently she claims that her bladder won’t relax enough to pee as long as a man is in the room.
Women don’t want to pee with men in the room. I get that. Nobody can or should try to change their minds about this. I feel bad about my coworker...she’s a good person & doesn’t deserve to feel uncomfortable in the workplace bathroom. I was more upset than she was...I urged her to complain to someone, but she doesn’t want to cause trouble.
IMO, it’s very disrespectful to women for “transwomen” to use women’s bathrooms. Especially ones who don’t pass...they’re basically cross-dressers. Many women have been assaulted by men. There’s a reason they don’t feel safe in vulnerable spaces with men.
Also, my company closes the women’s restroom when a male janitor is in there. Why are they vigilant about male janitors but not cross dressers?
by Anonymous | reply 46 | August 18, 2019 3:18 PM
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r43, they're all over lipstick alley.
by Anonymous | reply 47 | August 18, 2019 3:36 PM
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Just like all the other trans threads, this thread is nothing but catnip for hateful bigots.
by Anonymous | reply 48 | August 18, 2019 4:00 PM
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There are a lot of positions on the spectrum between "hateful bigot" and "100% on board with all things trans", r48.
by Anonymous | reply 50 | August 18, 2019 5:40 PM
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Your coworker would have gotten written up by HR If she’d complained.
by Anonymous | reply 51 | August 18, 2019 6:00 PM
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[quote] Sounds like they are going out of their way to stick it to trannies.
God, if only! Men are usually too intimidated by my beauty to stick it to me.
by Anonymous | reply 52 | August 18, 2019 6:15 PM
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R50, I don't see much in all these threads besides "Fuck the trannies" level opinions, so I'm sticking with hateful bigots.
by Anonymous | reply 53 | August 18, 2019 8:42 PM
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[Quote] Obviously the inclusion of T in the LGB has been a subject of much discussion on DL, and similarly, where does T fit in the law can be considered an open issue.
A supportive president and party makes a huge difference. Under Obama, T saw a huge expansion towards equality— from bathroom rights to serving in the army.
Under Trump, because his evangelicals hate LGBT and he wants to divide the LGBT constituency, all that expansion has now shrunk
by Anonymous | reply 55 | August 18, 2019 9:11 PM
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This is not just about Trans. The Trump DOJ also submitted an amicus brief saying that gays have no rights to keep a job.
It was the case of the gay skydiving instructor who was fired for being gay. Trump’s DOJ came out for firing LGBT is just fine.
by Anonymous | reply 56 | August 18, 2019 9:13 PM
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[Quote] Once again biology 1 o 1. A male can never be a woman and a woman can never me a male.
Sorry to break it to you, but male and female are extraordinarily close biologically. As you know, in a number of species, they can even change if necessary (like seahorses).
The idea of trans isn’t so far fetched once you understand the underlying biology
by Anonymous | reply 57 | August 18, 2019 9:16 PM
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[Quote] Once again biology 1 o 1. A male can never be a woman and a woman can never me a male.
Sounds just like the reasoning we hear about gays. “Biology 101, men can only be attracted to women and women to men. How else would we get babies?”
by Anonymous | reply 58 | August 18, 2019 9:18 PM
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[Quote] Jenner's choice to transgender is fundamentally her business
Did you choose your gender?
by Anonymous | reply 59 | August 18, 2019 9:19 PM
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We argue Trans rights as if gay rights aren’t the next on the list to try and kill
by Anonymous | reply 60 | August 18, 2019 9:20 PM
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R57, where do babies come from?
by Anonymous | reply 61 | August 18, 2019 9:58 PM
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That's what I've been saying, r60--and so is r56. If anyone applauds this, they'll be watching their own rights go next. Trans rights are "easy" and set a precedent to get rid of L and G and B.
by Anonymous | reply 62 | August 18, 2019 10:16 PM
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*Trans rights are "easy" to get rid of
by Anonymous | reply 63 | August 18, 2019 10:16 PM
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I’m not buying your story, R39.
by Anonymous | reply 64 | August 18, 2019 10:34 PM
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[quote]A supportive president and party makes a huge difference. Under Obama, T saw a huge expansion towards equality— from bathroom rights to serving in the army.
If equality isn’t firmly rooted in the Constitution or in statute it can be very fragile. Presidents take short cuts to boost their popularity with certain communities, but that doesn’t necessarily help in the long run.
by Anonymous | reply 65 | August 18, 2019 11:28 PM
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Gays and lesbians will be next you loons.
by Anonymous | reply 66 | August 18, 2019 11:35 PM
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^ Thanks to the Trojan horse.
LGBTQIA2S+ = the left’s “climate deniers”
by Anonymous | reply 67 | August 19, 2019 1:21 AM
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[quote]Transgendered hate is the Republicans [sic] way of ensuring the Evangelical vote.
No, honey, hatred of trannies is instinctive, logical, and intelligent.
Every single creature on Earth that has a spinal cord is either a male or a female (except for maybe a dozen or so, totalling about 0.0001% of all species). It's the way it is, period.
It's natural to want to know what sex someone is, both because our society is still mostly divided by sex and because seeing a person whose genetic sex is unclear or obstructed is disturbing.
I'm sorry for that trannies that legitimately believe they are the opposite "gender"; mental illness is always difficult, even when society is accepting of your specific brand of crazy. But note that 95+% of trannies are actually autogynephiles who are just gross perverts, which makes it even more wrong!
by Anonymous | reply 68 | August 19, 2019 6:41 AM
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Is Caitlyn eating shit right now?
by Anonymous | reply 69 | August 19, 2019 7:08 AM
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We’re mammals, not seahorses. People are either egg producers or sperm producers.
Turns out that the egg producers don’t want sperm producers in their vulnerable spaces or their sports leagues. If the sperm producers had better manners they would understand that and leave us alone.
It’s not that complicated.
by Anonymous | reply 70 | August 19, 2019 8:08 AM
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[quote]hatred of trannies is instinctive, logical, and intelligent
This is just disgusting. You see the exact same thing on white supremacist websites, said about blacks usually, but those Klanners hate gays, Jews and anyone of color the same way.
It's sickening that far-right fascist scum think Datalounge is their home. It's even more irritating because they post the same things here that they post on reddit, Kiwi Farms, Mumsnet, GenderTrnder, Twitter, and other forums. Why do it here, too?
by Anonymous | reply 71 | August 19, 2019 8:18 AM
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[quote]you have to admit that having a person at work who is wearing a dress but looks like a man could be somewhat disruptive in some situations
This coming from someone who has most definitely called multiple people "snowflakes."
by Anonymous | reply 72 | August 19, 2019 8:22 AM
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Hyperbole much, r71?
Martina Navratilova is not "far-right fascist scum." Kathleen Stock and Rebecca Tuvel are not "far-right fascist scum."
by Anonymous | reply 73 | August 19, 2019 8:23 AM
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R71, bathrooms are segregated based on biological sex. It’s impossible to change sex. Allowing men in what used to be women-only spaces is dangerous to women.
Quit using gay rights as a shield for pervs.
by Anonymous | reply 74 | August 19, 2019 10:35 PM
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"No, honey, hatred of trannies is instinctive, logical, and intelligent."
So r68 first claims that hatred is "instinctive" (no, it isn't), logical (again, no) and intelligent (hardly--if that were the case, then Hitler would have been a genius). Then r68 claims the real problem with trans people is mental illness. So they should be hated for their mental illness?
by Anonymous | reply 75 | August 20, 2019 11:36 PM
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There are many people who hate gay men and women and to them, it's instinctive, logical, and intelligent.
by Anonymous | reply 76 | August 20, 2019 11:38 PM
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Hatred is "learned"--it's not at all instinctive. What an absurd, stupid notion. Was there an instinctive hatred of Jews or was it steeped in propaganda and lies? Are children instinctively hateful toward any group or do they have to be told to hate? Of course they have to be.
by Anonymous | reply 77 | August 21, 2019 12:05 AM
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And if hatred were "logical," then everyone who hates gay men and women could excuse their hatred as logical and instinctive to them--at least according to r68's thinking.
by Anonymous | reply 78 | August 21, 2019 12:21 AM
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There are TRAs or "allies" in this thread implying everyone other than they, "hates" trans, and is happy to see them sacked for being trans, and I'm wondering why they choose to ignore the people who've said straight out that should not happen. Doesn't fit TRA narrative of the evil, "privileged" 'cis gays' literally killing 'most oppressed in all the land" , so it's invisible ?
by Anonymous | reply 79 | August 21, 2019 6:41 AM
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R79, you don't have to use codewords like "tra" or "tim" here, you can say trans or tranny :)
But yes, excellent point!
by Anonymous | reply 80 | August 21, 2019 10:36 AM
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One thing I do know, Caitlin Jenner is not, and never will be a woman. Jenner chose to become trans. That does not "a woman make", even with surgery.
by Anonymous | reply 81 | August 21, 2019 10:49 AM
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[quote]This is the Republicans way of baiting the Democrats to focus on transgendered people which cannot get us the majority in Congress rather than talk about healthcare and the impending Trump Recession.
This, so much this. R14 has it.
by Anonymous | reply 82 | August 21, 2019 2:00 PM
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Thanks, R80 TRA " is just the acronym for Trans Rights Activists.
by Anonymous | reply 83 | August 23, 2019 6:09 AM
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Like clockwork. All you douches who hate trans people--here's your future.
Offsite Linkby Anonymous | reply 84 | August 23, 2019 10:06 PM
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"The filing came exactly one week after the administration argued the same for transgender workers."
by Anonymous | reply 85 | August 23, 2019 10:10 PM
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So, all you stupid cunts who act so entitled in your hatred--you're next.
by Anonymous | reply 87 | August 23, 2019 10:15 PM
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Don't TERFs have their own sites to spread hate among their nasty selves?
by Anonymous | reply 88 | August 24, 2019 1:40 AM
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Terf is a slur. People who believe it’s possible to change sex are brainwashed. T is homophobic & misogynistic.
Men are welcome to wear dresses, wigs & bras. But they are still men. And they do not belong in women’s spaces.
by Anonymous | reply 89 | August 24, 2019 2:23 PM
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Bingo, R14. And they take the bait every time.
by Anonymous | reply 90 | August 24, 2019 2:32 PM
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