What “Protected Class”???

Judge Indira Talwani has an interesting take on free speech: it doesn’t exist if the speech might hurt the feelings of crazy or imaginary people.

Federal judge declares MA student’s ‘there are only two genders’ t-shirt not protected by free speech, ‘invades the rights of others’
On Friday, a federal judge in Massachusettes ruled a shirt that read “THERE ARE ONLY TWO GENDERS” could be construed as bullying of a protected class and is not protected speech after a 12-year-old and his father filed suit against officials in the Middlesbrough Public School district for First and Fourteenth Amendment rights violations.

Pray tell, exactly what “protected class” is being protected here?

Sex discrimination? Title IX, 20 U.S. Code ยง 1681 says:

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance, except that

Sex, not imaginary alternate genders. Unless and until “gender identity” gets protected in law by Congress. “Gender identity” is a concepted invented in the 1960s, and has never been codified in law. It’s a topic of which people hold varying opinions, hence this very case.

An ADA violation, discriminating against the mentally ill suffering from Gender Dysphoria? And, yes, the courts do recognize Gender Dysphoria to be mental illness requiring treatment (and I still say that Georgia screwed him/her/itself).

 

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Bear

2A advocate, writer, firearms policy & law analyst, general observer of pre-apocalyptic American life.

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