The Legal Argument Against Your Transitioned Status

[Guest LizMarie]

Please note that the parties opposing this woman's legal status as a woman have sworn to drag this to the Supreme Court to win. If the SCOTUS rules in their favor, every single one of you who has transitioned will be legally detransitioned in the eyes of the law.

It doesn't matter if you like or dislike Nikki Araguz. If she loses at the Supreme Court level, you will lose too, like it or not.

http://www.transadvocate.com/the-argument-against-your-transitioned-status.htm

[Guest GinaInside]

One thing never mentioned in cases like these, is that virtually every culture, from as far back as they remember, have had Trans people. They have always been a very small minority, but they have always exsited. One would think that eventually, civilization would accept Trans-people, but things like this article make me think it will take another 100 years or so. We are seen as a threat to normalcy, retards, crazy, perverts, and overall defective. At the bottom, of the article, on the poll, I voted for "Sad".

[VickySGV]

Just because they attempt to take it to the U.S. Supreme Court, does not mean SCOTUS will grant certiorari and hear it. and even then could dismiss it without comment which is effectively what they did to CA Prop 8. They could also decide it narrowly and limit it to the state of Texas, especially since the real focus of the case is property rights of Texas property. That would still make life rough in Texas, but the full faith and credit clause may not be ready for attack in spite of how this court heard the issue, My bet is that SCOTUS will sidestep the thing as not being ripe for adjudication, and on that they set their own rules.

I will be attending a social function with some of our Trans* Law attorneys at the end of November that should be interesting.

[Guest KimberlyF]

I have zero concern over the SCOTUS taking this case and then making a ruling that impacts the BC issue in 50 states.

And hypothetically if they did-again not going to happen-it's just one more reason why instead of living in fear one can find themselves inside and nobody can ever define or take that away unless you let them.

[Ravin]

My guess is that SCOTUS will shy away from this one. They haven't shown much interest in bringing Full Faith and Credit to bear on family law matters outside those legislated by Congress as carrying it. And if they did take it, they would probably be ruling on Full Faith and Credit, not on who is a man or woman.

[Guest Jenn348]

A Texas court decision, upheld or not at higher levels, will not cause California or any other state to have to change their birth certificate practices. What is at issue here is whether Texas should be required to to give faith and credit to those other states' certificate amendments.

[Guest Mia J]

We need to watch this one but I doubt SCOTUS will even hear it.

Mia

[Guest LizMarie]

Jenn, the outcome depends on whether the SCOTUS chooses to hear the case, and if they do, how broadly they rule. It could (and likely would) be a narrow ruling if they even choose to hear the case. But it could also be a broad ruling, such as gender is fixed at birth, which would invalidate all state laws in other states to the contrary. I doubt that would happen but there are trained lawyers who state that this is one possible outcome. I trust their expertise on this.

[Guest Jenn348]

I get what you're saying, but the article seems to take a sky is falling approach. When I go to the store later, one possible outcome is that I might get in a horrible accident and be in a wheelchair for life. I'd better get my affairs in order, just in case. I should walk along on the side of the road and start yelling at the passing cars that might kill me later, just to be safe. See how that works?

If I saw a guy across the street threatening me with a knife, I would certainly keep an eye on him and start taking evasive action, but if I assume the worst and start lobbing lead his way, I would suffer negative consequences later. I can't take counsel of my fears.

Ultimately, handling these things with grace and dignity plays better. We have to respond to things rather than react.