One idea that Tennessee has floated â that sex-based laws related to biological sex difference are shielded from scrutiny â is particularly pernicious. As I have shown in research, this has never been the courtâs 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 â from a male-only university admissions policy to rules distinguishing mothers and fathers when it comes to the citizenship of their children â 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 womenâs 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 â and trans discrimination more generally â 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 âone that prohibits inconsistency with sex,â requiring that children born as boys and girls âlook and live like boys and girls.â Tennesseeâs argument would call into question the longstanding freedom we all enjoy to live our lives as we wish, regardless of sex.
In Politico
Opinion | The Supreme Court Case Over Trans Youth Could Also Decimate Womenâs Equality
in PoliticoFlorida universities are culling hundreds of general education courses
in PoliticoIn Australia, we do much the same by putting a cost premium on dangerous knowledge.
Floridaâs public universities are purging the list of general education courses they will offer next year to fall in line with a state law pushed for by Gov. Ron DeSantis targeting âwoke ideologiesâ in higher education.
These decisions, in many cases being driven by the university systemâs Board of Governors, have the potential to affect faculty and thousands of students across the state. Hundreds of courses are slated to become electives after previously counting toward graduation requirements, which university professors and free speech advocates fear is just the first step toward those classes disappearing entirely.
The stateâs involvement in a curriculum process â which has historically been left to universities â is riling academics and students who oppose how officials are using new authority to weed out courses like Anthropology of Race & Ethnicity, Sociology of Gender, and Women in Literature.
âThis sort of state overreach could spell disaster for student and faculty retention, and the academic standing of Florida institutions,â said Katie Blankenship, who leads a state office for free speech advocacy group PEN America.
Yet the Board of Governors maintains that the state is merely carrying out the intent of the GOP-dominated Legislature, which in 2023 called for a wholesale review of general education offerings to ensure the courses stray from teaching âidentity politicsâ and avoid âunproven, speculative, or exploratoryâ content.
âScared to deathâ: Local election officials on edge ahead of 2024 vote
in PoliticoâIâm scared to deathâ about the level of voter distrust heading into 2024, said Mark Earley, the supervisor of elections in Leon County, Florida, which includes the capital of Tallahassee.
Earleyâs comments were echoed by dozens of others among a crowd of nearly 100 local election workers who gathered in Crystal City, Virginia, last week for an annual confab hosted by the U.S. Election Assistance Commission.
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The two-day event was supposed to be a forum for local officials to review and rehearse often mundane election administration practices, like handling mail safely or responding to severe weather events.
But concerns about voter distrust and conspiracies cropped up repeatedly even though they claimed no formal place on the agenda. During group breakout sessions, hallway conversations and coffee breaks, attendees expressed both alarm and exasperation about how difficult it was to convince some Americans that the vote could be trusted.
âIt doesnât matter what you do, what we say or how much we educate the skeptics,â Kellie Harris Hopkins, the director of elections in Beaufort County, North Carolina, said during a roundtable. Roughly a dozen other officials nodded their heads, snapped their fingers or murmured in agreement.
While federal officials and state leaders often act as the face of election integrity at the national level, it is local election workers who actually run U.S. elections, doing everything from processing ballots to checking in voters.
That also means theyâre the ones who most directly confront election conspiracy theories â and the violence and intimidation they increasingly fuel.
One in six election workers have experienced threats because of their job, and 77 percent said those threats had increased in recent years, according to a March 2022 study from NYUâs Brennan Center for Justice, capturing the impact of false election fraud claims by Donald Trump and his allies since 2020.
Collision Course
in PoliticoOn its surface, Khanâs clean air zone is hardly the stuff of revolution. Called the London Ultra Low Emission Zone (ULEZ), it imposed a daily charge of ÂŁ12.50 (about $15) on highly polluting vehicles traversing the central parts of the capital and enforced the sanctions with roadside cameras. Yet its expansion in late August has distorted U.K. national politics and Khanâs political prospects, and would even come to pose a threat to his personal safety.
The new pollution charge has been met with a seething public backlash â one I would later encounter firsthand in a village on Londonâs furthest reaches.
According to a person close to the mayor â who, like others in this article, was granted anonymity to discuss sensitive matters â anti-ULEZ protesters have regularly turned up at Khanâs South London home, including when his two daughters were there alone. For several days, a caravan was chained outside his house bearing slogans and artwork that included swastikas. Protesters targeted his family for abuse at public events.
A town hall meeting in early November had to be moved to City Hall for security reasons. During the meeting, a man yelled that, centuries ago, Khan would have been hung from the âgallows.â Police have regularly searched the mayorâs house and car in response to written notes claiming explosive devices had been planted. In October, a letter came in the mail, addressed to him, with a bullet inside.
U.S. diplomats slam Israel policy in leaked memo
in PoliticoI'm inclined to wonder whether this may be an official leak; inoculation, aimed at the feeble consciences of Dem centrists. i.e. "Oh, so what we say is monstrous, what we do is worse, but at least what we think is okay."
The memo has two key requests: that the U.S. support a ceasefire, and that it balance its private and public messaging toward Israel, including airing criticisms of Israeli military tactics and treatment of Palestinians that the U.S. generally prefers to keep private.
The gap between Americaâs private and public messaging âcontributes to regional public perceptions that the United States is a biased and dishonest actor, which at best does not advance, and at worst harms, U.S. interests worldwide,â the document states.
âWe must publicly criticize Israelâs violations of international norms such as failure to limit offensive operations to legitimate military targets,â the message also states. âWhen Israel supports settler violence and illegal land seizures or employs excessive use of force against Palestinians, we must communicate publicly that this goes against our American values so that Israel does not act with impunity.â
Inside Obamaâs bank CEOs meeting
in PoliticoArrayed around a long mahogany table in the White House state dining room last week, the CEOs of the most powerful financial institutions in the world offered several explanations for paying high salaries to their employees â and, by extension, to themselves.
âThese are complicated companies,â one CEO said. Offered another: âWeâre competing for talent on an international market.â
But President Barack Obama wasnât in a mood to hear them out. He stopped the conversation and offered a blunt reminder of the publicâs reaction to such explanations. âBe careful how you make those statements, gentlemen. The public isnât buying that.â
âMy administration,â the president added, âis the only thing between you and the pitchforks.â