I was originally going to ask how many legal genders there should be, but I fail to see a compelling argument against 0.

  • gastroglizzy@piefed.social
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    4 days ago

    regardless of whether or not it’s true, that still constitutes gender discrimination.

    Pretty sure you’re right about that. A person’s state of mind (or “mens rea” if you’re in the profession) is an often crucial component of criminal acts. If someone assaults someone because they think they’re Muslim, the fact that they’re actually Mexican doesn’t make it ok.

    BUT, the other side to that is, say for example someone’s gender is male and their sex is female, but they present masculine. If they reveal their sex to someone, and that person discriminates against them for being a woman, how is the victim supposed to claim their protected status? If it’s not apparent and it’s not documented, it will be difficult to claim those protections in court.

    I am also not a lawyer 🤷‍♀️

    • cecilkorik@piefed.ca
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      4 days ago

      Just spitballing here, but:

      If they reveal their sex to someone, and that person discriminates against them for being a woman, how is the victim supposed to claim their protected status?

      Maybe we need to turn this around, maybe we should consider defaulting to the assumption that people should not be able to discriminate against other people for any reason instead of just being protected against “certain” kinds of discrimination. If we are going to allow discrimination for certain reasons, maybe we should make those allowed forms of discrimination the ones that need to be spelled out explicitly. If you don’t have a good reason to discriminate against someone about something, maybe don’t discriminate them? Maybe that’s a bit outlandish, maybe I’m not thinking it through, I don’t know, but it seems reasonable enough to me.

      • AskewLord@piefed.social
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        3 days ago

        because that’s not how people work. you are arguing form an impossible ideal.

        you yourself incessantly discriminate people based on their appearances. the point is to prevent people from those discriminations institutionally.

        every single day you are dismissing or admiring people based on how they look, they speak, etc. and your ‘reasonable’ for these things is wildly different than somebody else’s. human beings are not capable individually of the levels of self-awarenesss you are presuming exist, even in yourself.

        the laws are largely to prevent systematic and institutional discrimination, individual human beings will always be discriminatory. A individual person hiring at a large org can still discriminate, but the institution itself can’t because legally if there is a pattern of multiple discriminatory practices that can be actioned against.

      • Ghoelian@piefed.social
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        4 days ago

        You’re getting into limiting free speech area there, im sure a lot of people would be very against something like that, however good the intentions may be.