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this post was submitted on 20 Nov 2024
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That makes it illegal, right? You can't pass a law specifically designed to target individuals.
We're in the post-consequences part of our timeline for any elected official with R next to their name. As long as the god emperor isn't angry, legality no longer matters. Merrick Garland spent four years proving this to us.
Makes it a hate crime.
That is my understanding, yes. However, I am not a lawyer, and even if I was, do laws/the Constitution even matter anymore?
It can be because of certain individuals, but it must apply equally to all.
You didn't usually see it applied to a real person, but there are countless examples of it being applied to large corporations. For example, Florida can (and has) passed laws that apply to (e.g.) all amusement parks that operate their own emergency services. It was pretty clear that it would only affect Disney World. But at least in theory, it would apply to any others that opened up.
It has been made clear that any attempt to tailor a law so that it would predominantly affect a specific person or specific group, as it would in this case because even if it applies to all trans-folk, it would specifically primarily impact this one individual and has been said to be for that purpose (particularly damning).
Not that precedent means anything, so any attempt to litigate that winds up in front of the Supreme Court could go either way. I would hope that even they would see the pettiness here and follow precedent.
I'm not sure of the specifics of the Florida/Disney cases. I do know that it probably could've at least been argued that the law was too narrowly tailored, but I'm not a lawyer or a multi-billion dollar company and maybe there are reasons.
Do you have a source on that?
So I didn't have a source, just recollection. I went to look for a source specifically as it pertains to transfolk and bathrooms.
I don't know that it's an easy read, but I thought I'd link to something on congress.gov instead of a website whose bona fides I don't know.
Harvard Law Review has this to say:
I'll be honest, I'm not familiar enough with laws to fully comprehend what I'm reading here.
Also, I was specifically thinking about Bills of Attainder, which punishes an individual or group without judicial process. One might argue this person is being punished for being trans, but I couldn't find anything specifically invoking the protection against these in the case of transfolk and bathrooms.