Alleged Robustness, Like a Real Cancer, Grows

First it was Michigan legislators using the alleged existence of alleged ‘robust’ federal employment discrimination protections as an excuse to leave trans people out of a civil rights bill that would cover all potential areas of discrimination.

Now, there are Buyers of that rich insanity in Arkansas.  From KNWA:

Ordinance 119, repealed by Fayetteville voters earlier this week, but the debate over the gay rights measure, already heating back up. That’s because Fayetteville Alderman Matthew Petty, who originally introduced Ordinance 119, has proposed sending the anti-discrimination measure to the council’s Ordinance Review Committee.

Fayetteville City Attorney Kit Williams says he’s surprised the issue is already being brought back up for debate. He’s drafted a proposed ordinance of his own, because he doesn’t believe Ordinance 119, based on a model bill posted by the Human Right’s Campaign, a gay right’s advocacy group, is a good starting point for renewed debate of the measure. Williams thinks his proposal, which omits transgender people from coverage, can win broader appeal among the people of Fayetteville, than the close vote over 119.

Williams also omits transgender people from his ordinance based on his office’s belief that transgender people are already protected by federal law. His office cites a Supreme Court case in which a female employee won discrimination claim, based on allegations her employers referred to her using gender stereotypes like “macho,” which contributed to her not receiving a promotion.

But it looks like someone at KNWA has committed the unforgivable sin of asking a follow-up question:

However, no court with jurisdiction over the State of Arkansas has ever addressed whether discriminating against transgender people is the same as sex or gender stereotyping. When we talked with Williams this afternoon, he said a court here would probably agree that the two are the same, but admits it remains an open question, and couldn’t guarantee what a court might hold in the future.

Easy to pontificate when you have no skin in the game, eh?

I wonder if Williams did his legal research while lounging at a Maryland ski chalet.

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1 Comment

  1. Wait! The ski chalet metaphor only works if your telling a group of unemployed or underemployed trans people in Maryland to STFU from that special place of access and privilege reserved for the truly tokenized and elite out of touch douche bags to whom fully inclusive non discrimination laws wouldn’t make a significant difference in their lives.

    Oh, it fits here too….


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