Women's rights

One idea that Tennessee has floated — that sex-based laws related to biological sex difference are shielded from scrutiny — is particularly pernicious. As I have shown in research, this has never been the court’s approach. And for good reason. Throughout the history of sex discrimination, hiding bias behind biology has been a common tactic. Many sex-based lines that have been challenged in the court — from a male-only university admissions policy to rules distinguishing mothers and fathers when it comes to the citizenship of their children — have been couched in terms of physical sex differences. Upon examination, the court has acknowledged that sex stereotypes and not biological differences drive these laws. Without requiring that courts take a close look at all sex-based laws, we make it far too easy to legislate on sexual prejudice.

Just as important as addressing women’s subordination, equal protection has been a key tool in striking down laws that confine not just women, but men, to traditional roles and expectations. Equal protection has been used to invalidate laws that exclude men from caregiving or that require anyone to conform their behavior or appearance to sex-based conventions. In doing so, the doctrine helps to free all of us from limiting sex stereotypes.

Seen this way, it is not hard to appreciate that the law at issue here strikes at the heart of sex equality. The Tennessee law — and trans discrimination more generally — is not only about discrimination against trans people, but about ensuring that we all keep in our gender lanes. As Prelogar explained, the law here is “one that prohibits inconsistency with sex,” requiring that children born as boys and girls “look and live like boys and girls.” Tennessee’s argument would call into question the longstanding freedom we all enjoy to live our lives as we wish, regardless of sex.

“The selectivity about whom the Fourteenth Amendment ought to apply to is stunning,” said Khiara M. Bridges, professor at University of California at Berkeley School of Law. “It’s not demanded by the text of the Constitution at all. Instead, these are political choices that are being made, and they’re elevating certain individuals’ rights.”

[…]

The recent Supreme Court arguments about Tennessee’s ban on gender-affirming care for adolescents underscored the selectivity in who gets to exercise Fourteenth Amendment rights. The conservative position in U.S. v. Skrmetti is that while parents typically get to argue a due process right to direct their children’s upbringing, that right does not extend to parenting that affirms their transgender child’s identity. Trans adolescents can’t access medical care that is legal for their cisgender peers, and Republicans claim this is a regulation, not discrimination based on sex. Under this interpretation, even trans and nonbinary adults could continue to see their rights diminished.

“This [incoming] administration would be interested in denying them health care and, if not criminalizing them, certainly banishing them from public spaces,” Bridges said. One conservative group says it will pursue a ban on federal insurance covering affirming treatments, akin to the Hyde Amendment for abortion.

[…] 

As far as immigrants are concerned, President-elect Trump has also said he wants to end birthright citizenship and start a mass deportation program, which would necessarily rope in U.S. citizens. While citizenship for people born on U.S. soil is written verbatim into the Fourteenth Amendment, conservatives have previewed an argument to gut it.

[…]

Bridges said this country’s history of mass deportations is rife with evidence that legal residents will be caught up in the dragnet. Hundreds of thousands of U.S. citizens with Mexican ancestry were deported during the Great Depression under President Herbert Hoover. (His slogan was “American jobs for real Americans.”) President Dwight Eisenhower’s 1950s deportation regime also wrongly removed American citizens of Mexican descent.

“This wasn’t about undocumentedness, and this wasn’t about immigrants. This was about non-whiteness,” Bridges said. Under Trump 2.0, she said, the U.S. would once again be removing people from the U.S. because they are not white. “We’re talking about building camps, right? That’s where we are.” 

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The groups of people whose Fourteenth Amendment rights to be recognized as full humans are under attack from Republicans are deeply connected to one another. “It’s an error to read these things separate from one another,” Bridges said, adding that the obsession with mass deportations is connected to the desire to end birthright citizenship, which are both tied to wanting to revert to traditional gender and family norms, and that’s linked to the interest in giving rights to fertilized eggs. “All of these things are part of the same project,” she said. “This is about whiteness and patriarchy. It’s about creating the U.S. as a nation for white men.” 

Tory Brown’s debut game, published by Fort Circle Games, catapulted both designer and publisher into the board gaming limelight following its release in 2022, picking up widespread praise from reviewers including Polygon’s Charlie Hall, who named it one of the year’s best board games, and game design luminaries including Undaunted series co-designer David Thompson.

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But Fort Circle founder Kevin Bertram told BoardGameWire the Facebook ads for the campaign he has been submitting since the start of the New Year are all being rejected after a very short amount of time on the site.

The automated response Bertram is receiving from Facebook says the ads are being rejected because they either mention a politician or are about “sensitive social issues”, which “could influence how people vote and may impact the outcome of an election or pending legislation”.

His requests for review have also all been rejected.

Instead of simmering in a stew of rage and resentment I began to wonder if that conferred invisibility could be harnessed. If I reframed it as a cloak of invisibility I could do all sorts of things “inappropriate” for my age.

I refrained from robbing a bank (though fairly sure I could have got away with the loot), instead turning my attention to street art.

My first guerrilla paste-up a decade or so ago was in a lane in Ballarat, Victoria. I was quite nervous and slightly fearful of being at least fined so I donned a hi-vis vest and put out semi-official public work signs and had a friend spotting for me. I needn’t have bothered – people went past me and simply did not see me.

Other reports include requests for “data related to menstruation tracking applications” as part of the police’s investigations.

It’s understood these requests have been taking place for at least the past three years. Dr Jonathan Lord, co-chair of the British Society of Abortion Care Providers and an NHS consultant gynaecologist, called searching women’s phones for menstrual data “chilling and deeply intrusive”.

“We already know that police routinely remove phones and computers from women suspected of having an [illegal] abortion and it’s even happening following miscarriage and pregnancy loss,” Lord said. “This is damaging enough as it leaves women frightened and isolated immediately after suffering a substantial trauma.” 

Lord told Tortoise he was aware of cases of blood tests being taken with the woman’s consent by NHS staff at the request of police, including, he said, “when women knew they were innocent after suffering an unexpected premature delivery”.

Even when the test finds no trace of abortion medication women can continue to remain under suspicion “as a negative test does not exclude earlier use of drugs”, he said. In that event, he argued, “the only motivation for testing is entrapment”. 

Last September, New York resident Tara Rule posted a raw, emotional video on Tiktok saying she had been denied a medication to treat a debilitating condition called cluster headaches, because her neurologist told her she was of “childbearing age” and the medication could cause birth defects to a hypothetical fetus.

Rule said that as she sat in her neurologist’s office at Glens Falls Hospital, she told him she never planned to have kids and would have an abortion if she became pregnant; referencing the overturning of Roe v. Wade, he responded that getting the care she was seeking is “trickier now with the way things are going.” He also said she should bring her partner “in on the conversation” on her medical care. Rule asked if the issue preventing her from getting the “highly effective” medication was solely that she could become pregnant and, “If I was, like, through menopause, would [the medication] be very effective for cluster headaches?” The doctor affirmed it would. He also asked about her sex life and whether she’s “with a steady person.” Rule shared audio recordings of the appointment on TikTok at the time.