Reason Roundup

In 'Precedent Setting' Transgender Rights Case, Court Strikes Down Hobby Lobby Bathroom Policy

Plus: The critical race theory debate, delta variant surges and vaccination rates, school mask mandates, and more...

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Hobby Lobby's refusal to let a transgender female employee use the women's bathroom violates Illinois anti-discrimination law, a state appeals court ruled. The case revolves around Meggan Sommerville, a trans woman who has worked at Hobby Lobby stores since 1998 and has been fighting over its bathroom policy since 2010.

Last week, the 2nd District Appellate Court of Illinois held that Hobby Lobby's refusal to let Sommerville use the women's bathroom violated the Illinois Human Rights Act—upholding an earlier decision by the Illinois Human Rights Commission and the Commission's award of $220,000 in emotional distress damages.

"The Commission correctly found that Hobby Lobby violated the Act," wrote Appellate Justice Mary Seminara-Schostok in an August 13 opinion joined by Justices Kathryn E. Zenoff and Ann B. Jorgensen. "There is simply no basis in the Act for treating the 'status' of being male or female as eternally fixed."

"Indeed, it is worth noting that, although Hobby Lobby has advanced a variety of different meanings of 'female' over the course of this litigation, at different points suggesting that it would allow Sommerville to use the women's bathroom if she could produce a birth certificate with a female sex marker or if she underwent genital surgery, none of these scenarios is impossible. Thus, even the restrictions on 'female' status advanced by Hobby Lobby are things that can be changed. Hobby Lobby's argument that female status is somehow immutable is belied not only by the Act but also by its own conduct," the justices added.

"This is a precedent setting case in Illinois, because the Human Rights Act has never been tested in this way in Illinois, and actually in the country," Sommerville told Forbes.

The case "is one of first impression, meaning it is a case in which a legal issue has never before been decided by that governing jurisdiction," Forbes explained. And it could have implications far beyond Illinois.

"This decision will have national implications and start the process of courts around the country addressing the issue of bathroom access," suggested Sommerville's lawyer Jacob Meister in Bloomberg.

Hobby Lobby—which was famously involved in a religious freedom suit concerning the Obamacare birth control mandate that went all the way to the U.S. Supreme Court—did not invoke freedom of conscience arguments in this case. Rather, it argued "that its policy of regulating bathroom access based upon users' 'sex'—which, it contends, means their reproductive organs and structures—does not violate the [Illinois Human Rights] Act," the judges noted.

Here's more background, from their decision:

In 2007, Sommerville began transitioning from male to female. In 2009, she disclosed her female gender identity to some staff at Hobby Lobby, and began medical treatment that resulted in female secondary sex characteristics such as breasts and the absence of facial hair. In early 2010, she began to use her female name and appear at work in feminine dress and makeup, without objection from Hobby Lobby.

In July 2010, she obtained a court order legally changing her name to Meggan Renee Sommerville, and a new Illinois driver's license and Social Security card, both of which showed her new name and identified her as female.

On July 9, 2010, Sommerville formally informed Hobby Lobby of her transition and her intent to begin using the women's bathroom at the store. Hobby Lobby changed Sommerville's personnel records and benefits information to reflect her female identity. However, Hobby Lobby refused to allow Sommerville to use the women's bathroom at the store. Faced with an initial demand that she produce 'legal authority' requiring it to allow her to use the women's bathroom, Sommerville provided Hobby Lobby with a variety of documentation including her driver's license, Social Security card, and name change court order; a letter from her medical providers identifying her as a female transgender individual, describing the transition process, and urging that she be allowed to use the women's bathroom; and a copy of the Act and similar statutes from Iowa and Colorado. However, Hobby Lobby continued to refuse to allow her to use the women's bathroom.

Sommerville occasionally used the women's bathroom at the store despite Hobby Lobby's policy. However, Hobby Lobby assertively enforced its policy, ordering employees to report Sommerville if she tried to use the women's bathroom. On February 23, 2011, she was given a written warning for entering the women's bathroom at the store. Sommerville testified that she was 'emotionally devastated' by the discipline, and her supervisor testified that she was 'very upset' and 'broke down crying.'

Sommerville works in an Aurora, Illinois, Hobby Lobby's custom framing department and told Forbes she fought the bathroom policy rather than simply quit because she likes her job and she likes her customers.

"I have a very good clientele that have been coming to me from before I transitioned," she said. "That was one of my biggest fears, how my customer is going to react. I've been able to build a clientele that come to me and I've done practically everything in their homes because they like what I do. And it's something I'm good at. How often are you going to find a job where your customers come to you and appreciate you for what you do?"

In 2013, she filed a complaint with the Illinois Human Rights Commission. In 2015, an administrative law judge said Hobby Lobby was violating the state's Human Rights Act. Hobby Lobby appealed and, in 2019, the appeals court issued a temporary stay.

Now, the appeals court says "Sommerville's sex is unquestionably female" and Hobby Lobby's refusal to let her use the women's bathroom clearly a civil rights violation. More on its reasoning:

There is no real dispute that, in this case, Hobby Lobby is barring Sommerville from using the women's bathroom because she is a transgender woman, that is, a woman whose 'designated sex at birth' was male, instead of a woman who was designated as a female at birth. Hobby Lobby's conduct thus falls squarely within the definition of unlawful discrimination under the Act, as it treats Sommerville differently from all other women who work or shop at its store, solely on the basis that her gender identity is not 'traditionally associated with' her 'designated sex at birth.'

The Commission did not err in finding that Hobby Lobby's conduct of denying Sommerville access to its women's bathroom violated her civil rights under articles 2 and 5 of the Act.

Hobby Lobby argues that the Commission misunderstood the Act, improperly conflating 'sex' with 'sexual orientation.' Specifically, it argues that it limited access to its bathrooms based on sex, not gender identity, and that the Act permitted it to do so. It also argues that 'sex' means 'reproductive organs and structures,' and thus Sommerville (who has not had a surgical vaginoplasty or labiaplasty) is of the male sex. As the proper definition of 'sex' under the Act lies at the heart of Hobby Lobby's arguments, we begin there.

As noted, the Act defines 'sex' as 'the status of being male or female.' The phrasing of this definition is broad: it does not draw distinctions based on genitalia, the sex  marker used on a birth certificate, or genetic information. Moreover, it uses the word 'status.' At law, a 'status' is a state of being that may be subject to change. 'Marital status' is one obvious example of this, as it may change depending on an individual's actions or external events. Similarly, 'resident status' (the condition of being a resident of a particular area) may change depending on whether one continues to live in that area. … Hobby Lobby contends that an individual's 'sex'—the status of being male or female—is an immutable condition. However, the plain language of the Act does not support this conception. There is simply no basis in the Act for treating the 'status' of being male or female as eternally fixed.

Hobby Lobby argues that the Commission improperly conflated 'sex' and 'gender identity,' which 'are not synonymous.' We agree that of course these two terms are not synonymous; after all, each term is defined separately in the Act. However, neither are these two terms wholly unrelated. To begin with, section O-1, the provision referring to gender identity, itself uses the term 'sex,' showing that the two provisions must be read together. … Further, by defining 'sex' broadly as a status, without any reference to anatomy, birth certificates, or genetics, the Act allows for the consideration of gender identity as one of the factors that may be used to determine sex.

It has been 15 years since protections against discrimination on the basis of sexual
orientation, which includes gender identity, were added to the Act. In that time, Illinois law has explicitly recognized in a variety of ways that gender identity is a primary determinant of a person's 'sex' for legal purposes. In Illinois, a transgender person can receive a birth certificate with a corrected sex marker upon presenting the vital records division with a declaration by a health care professional that the person has received medically appropriate gender transition treatment. Similarly, a transgender person may apply to correct the sex designation on a driver's license simply by signing an attestation of the person's gender identity. Illinoisans can also mandate the gender identity, expression, and pronouns to be used in funeral and burial instructions. All of these provisions demonstrate that, under Illinois law, an individual's gender identity is an accepted basis for determining that individual's legal 'sex.'…

Given the interrelationship between "sex" and gender identity in Illinois law, the record establishes that Sommerville's sex is unquestionably female. She has undergone years of effort and expense to transition, and she appears to be and comports herself as a woman. Of even greater significance, her status of being female has been recognized not only by the governments of this state and the nation but also by Hobby Lobby itself, all of which have changed their records to acknowledge her female sex. Given this recognition, Hobby Lobby cannot plausibly assert that it is denying Sommerville access to the women's bathroom on the ground that she is not female.

Hobby Lobby has not said yet whether it will appeal to the Illinois Supreme Court.


FREE MINDS


FREE MARKETS

Do delta variant surges really correspond with low vaccination rate states? "There has been a lot of news about how these surges are hitting unvaccinated states harder and that's not really true," suggests Matt Shapiro in the Marginally Compelling newsletter.

Regional status seems to be the primary indicator of how COVID cases are surging in a given state. When a surge hits, we're not seeing the kinds of differences we would expect between high vaccination and low vaccination states.

For example, Florida has a nearly 20% edge on Mississippi and Louisiana in vaccination status (Florida at 72.7% with one dose among adults vs Mississippi at 54.5% and Louisiana at 58.3%), but the COVID cases are surging very close together.


FOLLOW-UP

President Joe Biden won't let states ban mask mandates. As the school mask battles rage in Texas, Florida, and other states, the Biden administration is weighing in. "I'm directing the Secretary of Education, an educator himself, to take additional steps to protect our children," Biden said on Wednesday. "This includes using all of his oversight authorities and legal action, if appropriate, against governors trying to block and intimidate local school officials."


QUICK HITS

• The Washington Examiner explores what it's like for families trying to leave Afghanistan.

• The Transportation Security Administration will make people in airports wear masks through at least January 18, 2022.

• A federal appeals court says Texas can ban the most common way of conducting second-trimester abortions.

• Thousands of people in Northern California have had to flee wildfires this week. "The newest inferno, the Caldor Fire, continued to grow explosively in the Sierra Nevada southwest of Lake Tahoe, covering 84 square miles after suddenly ravaging Grizzly Flats, a community of about 1,200," reports NPR.

• Another study suggests the Pfizer COVID-19 vaccine is less effective against the delta variant.

• The quickest way out of U.S. population decline in certain parts of the country "might be if the federal government gave up its monopoly on immigration and allowed states to bring in workers from anywhere in the world, based on their own labor needs, without being held to federal quotas," suggests Shikha Dalmia in The New York Times.

• Geena Davis "is wrong about video games and her prescription for 'fixing' video games is silly and counterproductive," writes Erik Kain.

• "Don't blame Russian trolls for America's anti-vaxx problem," says The Guardian. "Our misinformation is homegrown."

• "A federal judge on Wednesday threw out Trump administration approvals for a large planned oil project on Alaska's North Slope, saying the federal review was flawed and didn't include mitigation measures for polar bears," NBC News reports.

• Sen. Marco Rubio (R–Fla.) is still holding on to Trump's TikTok ban dreams.

NEXT: Brickbat: Segregation Today

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  1. What are we really talking about when we discuss critical race theory?

    Evergreen white supremacism?

    1. White supremacy: the “climate change” of race baiting guilt peddlers. It’s everywhere, its all powerful, and we have to do everything in our power to focus on it and fight it, although it never gets better and can never be fixed.

      Original sin + no chance for forgiveness = eternal guilt / self-flagellation. The leftists secular religion formula.

      1. The more guilt that you feel, the more virtuous that you are! Some things never change.

        (I feel more guilty than you do! So take THAT, you heathen!)

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      2. It’s basically a religion. It’s not scientific at all, it’s simply a moral framework to interpret things happening. That moral framework says that America is a racist country founded on racist institutions and every bit of racial inequality is because those systems are calculated to cause that.

        It’s not merely because there’s been shitty laws passed. It’s the massive white conspiracy that every white person joined merely by birth instead of by any particular action.

        1. Perhaps, “cult” is a more accurate term.

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          2. A training vid James Madison U.
            They Pidgeon hole ALL white males, cis gender or Christian as genetically pre-disposed oppressors. Are there no gay, trans, or minority Christians?

            https://www.youtube.com/watch?v=rHuUZjYuons

            1. I love how for nationality the breakdown for Privileged and Oppressor is American vs “Anywhere outside of America”. Yes, like those poor Swiss, oppressed by America.

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            2. When they got to “These are my pronouns”, I knew how it was going to go.

      3. CRT is the song that never ends; it is not intended to.

        1. I know a song that gets on everybody’s nerves
          Everybody’s nerves
          Everybody’s nerves
          I know a song that gets on everybody’s nerves
          And this is how it goes….

        2. How can it end when new verses are constantly added to it?

      4. “although it never gets better and can never be fixed.”

        …and can mostly never be detected or observed.

      5. It replaced racist as the go to pejorative when they over used it. Also has the advantage of isolating one race from the others, attempting to create an us and them narrative. You see it in everything they say, they always add “people of color” to any say or write even when it has nothing to do with the subject attempting to create division. Give it another year of over use and hopefully it will start to fade out as well, just wonder what the new word will they use?

      6. Sooo…it’s kind of like The Patriarchy? All-powerful, pervasive, and EEEE-vil?

        Well, as all-powerful, pervasive and evil systems of oppression, I have to say they haven’t benefitted me as much as I might have hoped.

      7. critical race theory (CRT), intellectual movement and loosely organized framework of legal analysis based on the premise that race is not a natural, biologically grounded feature of physically distinct subgroups of human beings but a socially constructed (culturally invented) category that is used to oppress and exploit people of colour. Critical race theorists hold that the law and legal institutions in the United States are inherently racist insofar as they function to create and maintain social, economic, and political inequalities between whites and nonwhites, especially African Americans.

    2. Is critical race theory even a thing? Does it exist?

      Those are just words, man! Social constructs!

      1. Only examined scholastically in graduate level university classes, per Jeff

      2. The IRS code is also “just words” and “social constructs”. So is the court judgement and prison terms that you will be condemned to if you don’t pay your taxes.

    3. critical race theory (CRT), intellectual movement and loosely organized framework of legal analysis based on the premise that race is not a natural, biologically grounded feature of physically distinct subgroups of human beings but a socially constructed (culturally invented) category that is used to oppress and exploit people of colour. Critical race theorists hold that the law and legal institutions in the United States are inherently racist insofar as they function to create and maintain social, economic, and political inequalities between whites and nonwhites, especially African Americans.

  2. Shikha!

    You’re trying to bait us, aren’t you?

    1. Shikha may have been a master baiter, yes, possibly, butt she’s not here any more.

      (Butt one could also argue that if Shikha was a master of baiting hooks with worms… Impaling worms on hooks… Then she might have been a hooker, not a baiter!)

    2. Fiona Harrigan must be Shikha’s sock.

    3. It’s not surprising–that bitch actually believes that we can take in all 7.5 billion of the world’s people without any second-order effects to resource availability, housing development, or social conflict.

      1. That isn’t her problem. Her problem was that she couldn’t see any issue outside the lens of US Immigration policy. Hurricanes in the Caribbean? Get those people ashore! Viruses in Europe? We need to bring them home. Some crazy guy persecuting muslims in India? That’s because Trump has popularized nativism with his immigration policy!

        I don’t agree with every recommendation she has, but it doesn’t matter because her arguments were so disingenuous as to border on insulting.

        1. >>any issue outside the lens of US Immigration policy

          OBL’s gig now.

        2. The square root of 169? The Capitol of Louisiana? Air speed of an unladen swallow? MOAR Foreigners!

        3. “border” on insulting? I see what you did there.

      2. She never once considered the parking situation at Walmart!!

    4. There’s no way Shikha can return to reason magazine. We’ve spent billions of dollars training and equipping the commentariat…

    5. Me: “Reason can’t get any worse”
      ENB: Brings Shikha back to the Rubdowns

  3. Do delta variant surges really correspond with low vaccination rate states?

    It’s not a lie if you believe it… after being told it’s a fact over and over.

    1. Do you mean the states which have received thousands of unvaccinated illegals or those which have not?

      1. It’s the same strategy for vaccination rates and poverty: import lots of people who make things worse, then blame “white supremacy” for the medical/social/economic consequences, and repeat until the country has been destroyed.

  4. Several south Florida county school boards have decided to defy the DeSantis that protects individual rights, and will be mandating children wear masks at all times.
    Reason has staked out the position that forces child abuse is more libert based than individual rights.
    I disagree with Reason.

    1. Most actual libertarians do.

    2. So what happens when parents or the kids defy the school board?

      1. Oh, THAT defiance is not allowed. Cannot let the commoners not know their place.

      2. Hopefully, some school board members and/or teachers get touched up and put in the hospital

      3. That is my question, what are they going to do if a kid refuses to mask up? If they expel them seems to me they could then sue the school because the school is in violation of the Governors order. Heck maybe they would then be able to pierce the QI shield…wouldn’t that be something?

        1. Is that why Biden said what he said yesterday with getting Secretary of Education involved?

          Can the Federalies overrule the states on a matter like this? Or do they use the old canard of withholding federal money?

          Interested to get you guys opinions.

          1. “Or do they use the old canard of withholding federal money?”

            1. Eh, meant to add yes.

    3. ENB is a Democrat. Let’s not pretend otherwise.

    4. Masks are not child abuse.

      1. That’s not what the 3 year old one row in front of me on the airplane, screaming at the top of her lungs while being muzzled, seemed to think.

      2. If the child is young enough, masks probably _do_ cause developmental issues given how non-verbal facial signals are part of human growth processes like learning and socialization.

  5. The case revolves around Meggan Sommerville, a trans woman…

    Is there a rule somewhere saying trans people cannot spell their new name normally?

    1. I’m just curious where the “BUT MUH PRIVATE COMPANY” concerns are. They were noticeably lacking in the “reportage” here.

      1. “MUH PRIVATE COMPANY” as a legal argument only applies if it benefits the Democratic Party.

      2. Though Facebook can ban Hobby Lobby’s a count.

      3. This person has boobies and a drivers license labeled F.

        If she were a new hire, no one would question her use of the women’s restroom.

        1. Uh, she has twig and berries. And a Y chromosome.

          I realize that is Unscientific Misinformation, but it can’t be helped.

          1. To me, prune the twig and pluck out the berries. Then feel free to use the women’s bathroom.

            1. So, new bathroom policy, everyone! Twigs and berries here, forest and valley here.

              1. OK if you cut down the forest. We prefer it, actually.

      4. Hey Damiksec, damiskec, and damikesc, and ALL of your other socks…
        How is your totalitarian scheme to FORCE people to buy Reason magazines coming along?

        Free speech (freedom from “Cancel Culture”) comes from Facebook, Twitter, Tik-Tok, and Google, right? THAT is why we need to pass laws to prohibit these DANGEROUS companies (which, ugh!, the BASTARDS, put profits above people!)!!! We must pass new laws to retract “Section 230” and FORCE the evil corporations to provide us all (EXCEPT for my political enemies, of course!) with a “UBIFS”, a Universal Basic Income of Free Speech!

        So leftist “false flag” commenters will inundate Reason-dot-com with shitloads of PROTECTED racist comments, and then pissed-off readers and advertisers and buyers (of Reason magazine) will all BOYCOTT Reason! And right-wing idiots like Damikesc will then FORCE people to support Reason, so as to nullify the attempts at boycotts! THAT is your ultimate authoritarian “fix” here!!!

        “Now, to “protect” Reason from this meddling here, are we going to REQUIRE readers and advertisers to support Reason, to protect Reason from boycotts?”
        Yup. Basically. Sounds rough. (Quote damikesc)

        (Etc.)

        See https://reason.com/2020/06/24/the-new-censors/#comment-8316852

    2. Mental health issues are seldom singular.

    3. That’s different!!!

    4. It is ridiculous for the government to he dictating bathroom policy to a private entity, right?

      1. Yes

      2. Yes, and it shouldn’t be legal for them to do so.

        On the other hand, Hobby Lobby is being ridiculous for not just letting the employee who identifies as female but has a penis (which they have presumably never seen) to go in and use a toilet stall and wash hands afterward. And moving on with life.

        Disclosure: I have a beef with Hobby Lobby having a ridiculously overly Christian policy of not stocking Halloween stuff. All you can buy there in October are tasteful autumn decorations.

        1. Meant to say, and it should be legal for Hobby Lobby to have whatever bathroom rules they want. And it should even be legal for them to keep having a policy of not selling Halloween stuff, because they think Halloween is satanic or whatever.

    5. hoo ar yew too deeside howe werdz arr speld, Mr. Linguo-Normative?

    6. As much as I don’t like the state dictating issues like this I dislike communal bathrooms even more. Don’t know about you but I can’t unclench with someone sitting two feet from me. The solution seems plane to me, single use non-gender bathrooms. Is there some law that states they have to have multi-person single sex bathrooms installed?

      1. Yes. The “Men don’t want to wait 20 minutes to take a piss” law.

        1. Bitch wants to stand next to me in at the urinal, I’m good with it.

          1. Yeah, let’s see how that flows…

          2. She might sue the business. Hope they are flush with cash that they can piss down the drain.

      2. There’s a law that says that every single one of those single user restrooms must be Accessibility Code compliant. Which means that instead of ~20-25 square feet per fixture, you’re going to be taking up ~60-70 square feet.

        Also Illinois requires almost double the number of toilets in commercial retail spaces compared to most places. Whoever wrote their state plumbing code must either really hate waiting in line, or personally suffer debilitating incontinence.

        1. Or it was written by a plumber interest group.

          1. It’s not like unions have much pull in Chicago / Springfield . . .

            Your answer is probably more realistic, but it’s funnier to think of the state plumbing overlord crapping his pants while waiting in line for a stall to open up.

            1. That is a hilarious mental image.

        2. There’s a law that says that every single one of those single user restrooms must be Accessibility Code compliant. Which means that instead of ~20-25 square feet per fixture, you’re going to be taking up ~60-70 square feet.

          Need that 5′ turn radius!

          1. It’s actually going UP to 66 inches when the new code is adopted.

      3. Yes. Building codes dictate how many toilets you have to have in any given commercial space.

      4. Is there some law that states they have to have multi-person single sex bathrooms installed?

        Economics.

        Single-occupancy public restrooms are very expensive on a cost-per-square-foot basis vs. multiple occupancy, especially for men. Men’s restrooms are pretty cheap – older buildings used to have literal troughs, newer ones a wall of urinals with maybe minimal wall-hung screens between them. Women’s restrooms are more expensive because every individual needs a private stall, and single-occupancy restrooms are more expensive still (and take up way, way more space). Every single-occupancy restroom in addition to needing framed walls needs its own lights, its own ventilation, and its own fire/life safety devices. You’re not going to do that unless that’s all you need or you’re being forced.

      5. No one is forcing you to use their bathrooms…freak.

    7. They should just shut down the women’s restroom & put a bunch of port-a-potties out on the loading dock & tell them that’s the new women’s restroom. Problem solved.

      1. Separate but peequal

      2. Might not go over well at a place of business where most of the employees tend to be women.

        1. And most of the customers.

      3. How’s about a standers and a sitters?

    8. I’ll allow this one because it’s an egg inside a man.

    9. Their desire to be “special” manifests itself in the eccentric spelling of their names. And in no other way.

  6. https://twitter.com/disclosetv/status/1428312969650262016?t=itqwbYZLwa5LHlKiJJ9FHQ&s=19

    JUST IN – Washington Post is condemned for a report hailing the Taliban’s “sophisticated” use of social media, showing “such a high degree of skill,” while claiming the militant group incites less violence than Trump did. [Link]

    1. So basically, the same sort of thing SQRLSY and the gang say here everyday?

      1. Selfies. Walking between pedestrian ropes. Feet on desk!!!!

        How can you be so glib??

        1. Horns on their heads!

      2. Yup.

    2. Taliban: less banned than Trump.

      1. Taliban was only even impeached once. Trump twice.

  7. https://twitter.com/AurelianofRome/status/1428286838297485313?t=x7n0Ovd3ZJMLWb05peYYdw&s=19

    It is probably prudent to begin referring to Western societies as borderless economic zones rather than “countries.”

    1. *Davos liked this comment*

  8. “A federal appeals court says Texas can ban the most common way of conducting second-trimester abortions.”

    Nooooooooooo!

    What if it’s not until the second trimester that the birthing parent discovers he or she or they are carrying a genetic defective?

    #LibertariansForEradicatingTheUnfit
    #SupportingAbortionMakesMeAGoodPerson

    1. What about xe you fucking cisnormative dinger?

  9. Hobby Lobby changed Sommerville’s personnel records and benefits information to reflect her female identity.

    Pelvics are now covered.

    1. I like how a company humoring the delusional is now being used against them.

      Do not EVER give these lunatics an inch.

      1. Every day the left/establishment isn’t violently resisted and removed from power is another day closer to ______?

        A question to think about.

        1. The destruction of religion, family, law and order, social mores, and the societal collapse that comes with the elimination of social institutions that keep civilization running relatively smoothly, and have been the well spring of prosperity for America.

      2. Didn’t think she wanted to be given an inch. Thought she wanted several chopped off.

  10. “The Transportation Security Administration will make people in airports wear masks through at least January 18, 2022.

    Fuck these people. I thought they did security theater, not public health theater. They should stay in their lane.

    1. Fine, we’ll create the Transportation Health Administration and as a compromise, we promise that it won’t be unionized (and then allow it to happen anyway).

    2. As Thomas Massie pointed out, the claim that a “law” requires this is false. No law has ever been passed about this at any point in history.

  11. However, Hobby Lobby assertively enforced its policy, ordering employees to report Sommerville if she tried to use the women’s bathroom.

    But it’s fine to force dudes to share a bathroom with a chick? The War on Men continues apace.

    1. Fine with me. We can remove the stall doors, if we really want them to stay away.

  12. “The quickest way out of U.S. population decline in certain parts of the country ‘might be if the federal government gave up its monopoly on immigration and allowed states to bring in workers from anywhere in the world, based on their own labor needs, without being held to federal quotas,’ suggests Shikha Dalmia in The New York Times.”

    Good to see my favorite libertarian writer is continuing her quest to ensure billionaire employers have access to cost-effective foreign-born labor.

    #OpenTheBordersToHelpCharlesKoch

    1. They can always cut welfare and unemployment benefits, but only as the last resort.

    2. “The quickest way out of U.S. population decline in certain parts of the country

      Note the qualification here, considering the US population has never actually declined, and the avoidance of recent events like the urban exodus to take advantage of telecommuting.

      1. It’s just the people fleeing California.

  13. PSA: if you use the term existential crisis as the basis of an argument youre an idiot without any actual logical argument or facts on your side.


    ABC News
    @ABC
    EXCLUSIVE: @GStephanopoulos: “Do you believe the Taliban have changed?”

    Pres. Biden: “I think they’re going through sort of an existential crisis about do they want to be recognized by the int’l community as being a legitimate government.”

    1. “We’ve all seen the pictures,” ABC News’s George Stephanopoulos said in an interview on Wednesday. “We’ve seen those hundreds of people packed into a C-17, we’ve seen Afghans falling — ”

      Biden, the supposed champion of empathy, bristled.

      “That was four days ago! Five days ago!” he interjected indignantly.

      1. The man is increasingly difficult to watch.

        He’ll step down sooner than most anticipate.

        1. If there was nonzero confidence in Harris then the wheels might already be in motion. But unless she steps out of the way I expect that his staff is going to Wilson this presidency through.

          1. “Wilson” as a verb! Couldn’t be more apt!

      2. Narrator: It was in fact less than two days ago.

      3. That is one of the quicker “WHAT DIFFERENCE DOES IT MAKE NOW?” comments I’ve seen.

        Remember…Biden was the COMPASSIONATE candidate.

        1. Don’t forget competent. That was a big part of the sales pitch, that he was so much more of a competent politician and executive than Trump could ever be.

          I wonder what the commoner in Kabul thinks of his competence.

      4. This is who he really is.

    2. But that was 4, 5 days ago, c’mon man!

      1. You dog faced pony soldier!

        1. LYING dog faced pony soldier; get it right, man!

          1. My proggie senses are telling me that that’s probably racist, but it’s Biden, so who cares?

    3. Hmm….I don’t think that’s it, Joe…..

    4. I’m sure Stephanopoulos didn’t let that one go, just like he’d treat the Trump family.

      So, how hard did Georgie push back at that point?

      1. There are calls to release the entire interview. Biden didn’t seem all there.

        1. The presidential mid interview diaper change would make the country look bad?

          1. That and a handler using his bib to wipe the tapioca pudding off his cheek.

    5. Saw some interesting articles about that province in Afghanistan holding out against the Taliban. They have been preparing for this for years and never were under Taliban control in the past.

      So the resistance begins. Nobody has really had central control of Afghanistan. The troubles for the Taliban are just beginning. Now they have to govern and keep control.

      1. Domestic terrorism worked just fine for 75 years in the USSR; they have precedents.

      2. You should probably advocate for their capitulation, as you do when anyone proposes resistance to the left/establishment here.

      3. ” The troubles for the Taliban are just beginning.”

        As opposed to all those people who have fallen under their control.

        You really are pathetic.

      4. The U.S. was considerate enough to leave behind plenty of weapons and ammunition to be used by the Taliban against that resistance, though.

      5. Yep, graveyard of empires. Including the Taliban empire.

  14. Hobby Lobby’s argument that female status is somehow immutable

    We’re through the looking glass, folks….

    1. Now that acknowledging biological differences between sexes is becoming verboten in medical textbooks, how long before the transgender psychosis starts killing patients?

    2. “Age is just a number” = Incan be a 13yo girl if I want to. Just like Jeff, sarc, SQRL, and Mike

      1. I have also decided that I am a 13 year old Incan girl.

    3. Yeah… I thought female was a sex and woman was a gender identity. That’s over now, huh?

      1. Considering that trans activists want government documents to say Female for Sex on things like passports for trans women, I don’t think that was ever really a thing they believed.

  15. And the actual female employees that are uncomfortable going to the bathroom with a man claiming to be a girl can suck it.
    Granted hobby lobby isn’t going to do what California prisons have done, handing out condoms to some “female” prisoners to use when they rape other female prisoners

    1. And the actual female employees that are uncomfortable going to the bathroom with a man claiming to be a girl can suck it.

      Errrr….

      1. Yes intentional

    2. Granted hobby lobby isn’t going to do what California prisons have done, handing out condoms to some “female” prisoners to use when they rape other female prisoners

      If the internet is right, all any lesbian really needs is a good deep dicking.

      1. Except Megan Rapinoe. She could probably short cock all of us.

        1. Pretty sure Megan is the top in any relationship she’s had.

        2. I don’t often but lol’d on this one. Still laughing.
          Thanks Mother’s. I needed that! ????

  16. BlueAnon is real.

    Cheri Jacobus
    @CheriJacobus
    Now that we know Trump was setting a booby trap for Biden in Afghanistan, start pulling that thread. If you were out to sabotage Biden, think of every step, every move you’d make, and then understand that’s what Trump did. Trump, Pompeo, Putin are enemies of America.

    1. Oops! You beat me by a few minutes.

      #TrumpRussia

    2. This is the type of person who leads us to concentration camps

      1. This is the type of person we must remove to avoid train rides to concentration camps.

    3. Yep, that agreement droolin’ Joe’ tore up had an effect. At least the tearing it up had an effect.

    4. And if Trump had gotten re-elected?
      That’s spinning worthy of lord of shit.

    5. Trump is such a mastermind he set this all up back in February of 2020 before he even lost re-election. What a genius! We really need someone that clever back in the Oval Office.

    6. Now that we know Trump was setting a booby trap for Biden in Afghanistan

      4D chess!

    7. “If only Comrade Kamala knew!” – Cheri Jacobus, 2029

    8. But gee, how did Joe fall for it? I was given to understand that he’s wayyyyyy smarter than Trump.

  17. This includes using all of his oversight authorities and legal action, if appropriate, against governors trying to block and intimidate local school officials.

    The next Stand in the Schoolhouse door will because governors won’t segregate children’s breath.

    1. History repeats – – – – –
      Woodrow Wilson Mann, the mayor of Little Rock, asked President Eisenhower to send federal troops to enforce integration and protect the nine students. On September 24, the President ordered the 101st Airborne Division of the United States Army—without its black soldiers, who rejoined the division a month later—to Little Rock and federalized the entire 10,000-member Arkansas National Guard, taking it out of Faubus’s control.

      1. State militias completely separate from federal control need to become a thing again

        1. Which is why those who say the National Guard is actually “the militia” in the second amendment are wrong. A ‘real’ militia can say “no” when called up. (remember the sixties “suppose they gave a war and no one came?”) Afghanistan would never have happened in a militia based army.
          The National Guard is really the US Army (air force) active reserves. It’s just that the feds allow the governors to play soldier with them from time to time. The guard has to follow orders, and can be taken over by the federal government.

          1. Afghanistan would never have happened in a militia based army.

            Yes, it would have. Iraq probably wouldn’t have happened, but Afghanistan was supporting and protecting Bin Laden, something we couldn’t tolerate. Thankfully volunteers to the armed services grew a great deal after 9/11.

  18. Something that has been bothering me: I was seen once while I had COVID. They couldn’t advise any treatment other than cough syrup with codeine to help sleep and to continue my regimen of ibuprofen and acitaminofen to keep my fever down. But during that single visit, a doctor and 2 nurses all seperately advised me to get vaccinated 2 weeks after symptoms are gone. WTF is up with that?

    As reoccuring cases are vanishingly rare, I can only assume it was a warning that they anticipate the stigmara of being unvaccinated outweighs any advantage of actual immunity.

    1. Is it possible that they meant for you to wait at least 2 weeks after the symptoms were gone, before getting vaccinated, should you choose?

      At both of my jab appointments, one of the boilerplate questions they asked in the pre-screening was whether or not I had recently recovered from Covid – i.e. within the last two weeks. Apparently that is a disqualifier of some sort.

      1. I had a positive test prior to the visit. Not much reason to think it was a false positive as COVID symptoms were classic. There was definitely a ‘you should do this regardless’ vibe to the advice not ‘don’t do this until’.

    2. No ivermectin, zinc, vitamin D?

      1. The advice was fever releivers and sleep unless blood-oxygen dropped below 90. Which worked out fine.

        1. Fun fact: my blood oxygen drops below 90 when wearing a “cloth face covering”.
          Which makes me CDC exempt from “mask” mandates, but does not keep Karen from trying to harass me from time to time.
          Fortunately, I have found stepping close to Karen while telling her she is violating federal laws will make her back up and shut up.

    3. “But during that single visit, a doctor and 2 nurses all seperately advised me to get vaccinated 2 weeks after symptoms are gone. WTF is up with that?”

      Don’t trust anyone (especially a doctor or nurse) who urges covid patients to get vaccinated, as >99.999% of people who have had covid are still immune from reinfection.

      After 18 months, only 14 cases of covid reinfection have been confirmed in the US, and just 169 worldwide.
      https://bnonews.com/index.php/2020/08/covid-19-reinfection-tracker/

      Natural immunity is stronger than immunity conferred by vaccines, and natural immunity is the fundamental tenet of virology and immunology.

      Unfortunately, doctors and nurses have been pressured by Fauci, CDC and left wing media and Democrats to deny (or greatly downplay) natural immunity for covid.

      1. Natural immunity is stronger than immunity conferred by vaccines, and natural immunity is the fundamental tenet of virology and immunology.

        The CDC assures me that this is false. And they’ve been dead-on throughout this whole ordeal.

        What is already known about this topic?

        Reinfection with human coronaviruses, including SARS-CoV-2, the virus that causes COVID-19, has been documented. Currently, limited evidence concerning the protection afforded by vaccination against reinfection with SARS-CoV-2 is available.

        What is added by this report?

        Among Kentucky residents infected with SARS-CoV-2 in 2020, vaccination status of those reinfected during May–June 2021 was compared with that of residents who were not reinfected. In this case-control study, being unvaccinated was associated with 2.34 times the odds of reinfection compared with being fully vaccinated.

        What are the implications for public health practice?

        To reduce their likelihood for future infection, all eligible persons should be offered COVID-19 vaccine, even those with previous SARS-CoV-2 infection.

        1. So, it’s a liability thing. Health professionals are probably being told they could get sued if they don’t recommend vaccination. It makes sense that with the reported rate of false positive tests, someone could think they have had a mild case when they actually had a cold and then sue the tester if they didn’t get vaccinated because they thought they were immune and later had a serious case. I would lay odds that the AMA, the test makers, and their insurers all lobbied the CDC to issue the warning as a hedge.

          1. You know what could help? Antibody monitoring. Perhaps Congress could set up some kind of federal agency tasked with monitoring the spread of infectious disease so we could get a handle on that.

            1. I remember in mid 2020, Spain was testing sewage to look for COVID spikes. I don’t remember any follow up or hearing about that kind of testing ever taking place in the US either. Must not have supported the narrative.

        2. What is “unnatural” immunity? Vaccines work by triggering natural immunity.

          1. Don’t drink and comment, kids. This is what happens.

        3. This NEJM “correspondence” has multiple flaws, the most obvious being selection bias.

        4. Furthermore, this study did not even compare initial infections in vaccinated vs. reinfection in unvaccinated. Your claim is not supported by this correspondence, there was no “vaccinated with initial infection” arm. The CDC is trying to justify vaccinating those who have already gotten the WuFlu as more protective than getting the WuFlu alone. 2.34 is not super dramatic, even if we ignore the flaws.

        5. The study here makes perfect sense. Note that everyone in the study was infected with COVID in 2020. Therefore, they all likely developed some antibodies to COVID with the first infection. The vaccinated group might then either be in a situation where they develop different antibodies or it’s like a booster and so they might be better equipped to resist re-infection.

          That being said, this is a case-control study, so that means they sampled separately within the cases (those who were reinfected with COVID) and the controls (those who were not). This means we have to rely on the odds ratio instead of the relative risk (which is a superior measure of association), since we can’t calculate that without the prevalence of cases in the population. But I can virtually guarantee that the reason they did a case-control study is because the prevalence of reinfection with COVID among those previously infected is very rare. This is because the superior cohort study, where you sample first, and then look at exposure (vaccination) and disease (reinfection) would suffer from a small (or even zero) sample size for “cases” (reinfections). Now with a rare disease like this the OR should approximate the RR, so they are ok on a statistical front, but the bigger point is that it is rare, so when it comes to trade-offs, the implication would probably be that prior infection with COVID provides plenty of protection, vaccines may be a nice bonus, but certainly not necessary.

    4. What’s the Taliban’s vaccination policy strategy?

      I hear they have very progressive mask mandates, especially for women.

      1. They are using the Kalashnikov vaccine. You only need to get one shot.

      2. They are reportedly anti-vaxxers.

        1. ‘Let God judge the unclean’ is not the same as anti-vax.

  19. The Washington Examiner explores what it’s like for families trying to leave Afghanistan.

    Hopefully not on the outside of military aircraft.

    1. Or stuck in the landing gear bay. That was horrific.

  20. “There is simply no basis in the Act for treating the ‘status’ of being male or female as eternally fixed.”

    This is outrageous! *Every* word in that utterance should be in scare quotes!

  21. Ooooh, a New York Times podcast explaining the objections conservatives have about critical race theory. I’m sure it will fairly and accurately present their arguments and address them in a reasonable, even-handed way.

    1. They want to ban history!!!!! Ignore all the examples put out by Rufo.

    2. I haven’t listened to it, but Rufo’s in it, so it appears balanced.

      1. Yeah, they couldn’t possibly pull a Katie Curric on their presentation, nor similar biases on their questions and framing…not the NYT.

      2. I don’t know much about Rufo, hopefully he’ll be solid on the topic. the worst thing you can do is get someone who doesn’t really know anything about CRT to argue against it, because they’ll be easily bamboozled by people who know what CRT is, but are lying about it.

        You’d think they could have pulled either James Lindsay or Helen Pluckrose, two people who have literally read all the texts, dissected the authors and have thoroughly deconstructed all the arguments.

        I may listen to it, but I’m reluctant to buy anything the NYT tries to sell me on CRT.

        1. Rufo is worth hearing out, but he doesn’t approach the topic in good faith – he’s a political activist with an agenda.

          1. So basically the kind of person you drag out to “debate” when you have pre-determined the winner?

  22. The Transportation Security Administration will make people in airports wear masks through at least January 18, 2022.

    Face covered, feet uncovered.

    1. “I’m gonna have to check inside your face diaper.”

      1. It wouldn’t surprise me to find that the rule against removing or forcing one to remove the stupid mask will be so stringent and lacking in exceptions that people start smuggling all sorts of small items under the damned things.

    2. Almost like corpses.

  23. Bidens withdrawal left behind biometric information and tools the Taliban is now using to round up those who helped the last 2 decades.

    https://www.dailywire.com/news/taliban-seizes-u-s-military-biometric-tech-biden-admin-destroyed-afghan-siv-applicants-passports-at-embassy-reports

    1. Accidentally on purpose.
      “The devils break their tools when they’re no longer useful”.

      1. Except the weapons

  24. A federal appeals court says Texas can ban the most common way of conducting second-trimester abortions.

    Do I want to know what that procedure is?

    1. Plunger? Vacuum cleaner? Fall down a flight of stairs?

    2. A tiny guillotine.

      1. I laughed.

      2. +++

        Fist-quality reply to a fist post. Meta fist

      3. jeebus. lol.

      4. That would certainly send a message to rest of the unborn.

        1. You’re all horrible, and I love y’all for it.

      5. Just the thought causes me to ball up in the fetal position.

  25. President Joe Biden won’t let states ban mask mandates.

    I don’t think Biden and I are operating from the same Constitution…. Which edition is he using?

    1. The Choose Your Own Adventure version.

      1. Scratch & Sniff Edition or the one with pop-up art?

    2. Whichever one it is, it’s sure to have FREAKISHLY LARGE PRINT.

  26. So what we get from this trans gender case is that the person in question has male genitalia, but the Law seems that there is no justification to consider that person to not be a woman. Again, the objective, provable reality must give way to a subjective, unprovable claim. Also, any attempt to offer compromise by the defending party undermines their entire argument and causes them to lose.

    The judiciary somehow thinks this kind of slippery logic does not undermine their credibility to the public.

    1. Yeah the argument seems to be:

      Hobby Lobby: You have male genitalia, a birth certificate that says “male,” and a Y chromosome.

      Plaintiff: But I say I’m a woman.

      And the court found the latter to be more persuasive. This is completely subjective, unverifiable, and unworkable as a system. All it does it put employers at constant risk of being sued. Which I guess is the goal.

      1. “All it does it put employers at constant risk of being sued”

        Well, on the other hand, to be sure, it does increase the risk of real women being exposed (I couldn’t help myself) to a view which would be illegal in any other context. Oh, yes, and rape.

        1. These faggot dingers aren’t raping anybody. Their just jacking their tiny girl dicks to the smell of lady shit while stuffing used tampons in their mouths.

      2. What is further ridiculous is how much this has jumped from “gender and sex are separate things.” I was willing to somewhat grant that for atypical gender presentation, but it was always clear that the politics were intentionally undermining science, biology, and basic sense to force this shit. That the court and ENB outright refuse to note that the person is definitionally NOT female is a terrifying abdication of confronting reality. Sex-separated bathrooms and changing rooms seem logical to me. Outlier cases like trannies should be legally conditioned to biology but relaxed based on social comfort levels. A woman running into the men’s bathroom at an event because the line is shorter is no reason to involve police. A man who looks in every way like a woman probably shouldn’t be hassled if he goes into the women’s bathroom and doesn’t do anything suspicious. What is outrageous is the court telling a private company they can’t set the rules for their property based on biology.

        1. But you got it, the “gender and sex are separate things” part is necessary because they cannot deny the biology. But then they conflate them all the time, like good citizens of Oceania.

    2. I had not gotten to the latest version of Newspeak that was in this decision. Under Illinois law now, sex and gender are not separate categories, whatever the claim is about gender identity is also that person’s sex, anatomy and genetics be damned.

      1. Direct corollary; DNA can no longer be used in court, as it can’t even tell men from women, let alone identify a criminal at a crime scene.

        1. “Your honor, my client is clearly innocent. Her DNA reveals a Y chromosome, but she identifies as female, so she cannot be the murderer.”

    3. “Feelings trump truth and reality” has been a postmodern dogma for decades now.

      Time for that well-worn C.S. Lewis quote:
      “Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron’s cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience.”

      1. I often copy-paste that. But be aware it has absolutely no meaning or relevance to a committed progressive social justice believer in wokeness. They truly want to be the “omnipotent moral busybody” in your life.

      2. Love that for its perceptive truth, but the wokies consider the “torment without end” to be a feature, not a bug.

    4. It’s the new science. Those Christians hold on to biological science and they are outdated.

    5. I have sympathy for the woman that is transitioning, but if she still has male genatalia…her sex is male. I can understand she might not want to deal with surgery because that’s uncomfortable. But it doesn’t change the reality of what her equipment is.

      1. If he cut off his penis…STILL a male. Just a mutilated one.

      2. The word is eunuch.

        1. “Jeff” is also acceptable.

          1. +
            Also Jeff is a dinger.

    6. “I identify as not guilty judge. It is now receding my subjective belief trumps facts.”

      1. Now precedent*

    7. If this court ruling isn’t reversed (which I anticipate will occur), many/most employers will no longer hire transgender people (but will never acknowledge their decision was due to the applicant’s trans status).

      1. Or Birthing Person and Non-birthing Person bathrooms.

      2. How are you going to know if you are, especially if they present convincingly?

        1. You don’t need a weatherman…

  27. The Transportation Security Administration will make people in airports wear masks through at least January 18, 2022.

    Hmm. What’s magic about that date?

    *** reads TFA ***

    1. This is not the first time the T.S.A. has extended its mask mandate. The T.S.A. initially put a mask mandate in place back on Feb. 1, with an expiration date scheduled for May 11. In April, that mandate was extended to Sept. 13.

      So, nothing. “Endless mandates.”

      1. So, nothing. “Endless mandates.”

        Explicitly nothing magical, because Nov. 9th 2022 would’ve been *too* magical.

    2. It’s far away, but a tangible date, so they can claim they’re not mandating masks forever. But they’ll extend it again when it gets closer.

  28. Droolin’ Joe’s FUBAR roundup for 8/19/21
    1) My email feed has this headline: “Was Biden Handcuffed by Trump’s Taliban Agreement?”
    Well, no; he tore it up. Lame – worse than M4e’s bullshit.
    2) The Chron (and it got an entire look) decided that the news coming out of Afghanistan important enough to print had the Taliban killing one person. Droolin’ Joe’s FUBAR? What’s that?

    1. The Botcher of Kabul also blamed the Afghanis and is now calling it old news.

  29. Apparently there’s a particularly dangerous piece of right-wing disinformation floating around. It goes something like Even in his prime, Joe Biden kind of sucked at foreign policy. Now that he’s so old he’s better suited to a nursing home than the White House, his botched Afghanistan withdrawal isn’t surprising.

    Don’t believe these lies. If you think what happened in Afghanistan looked bad, blame Drumpf and Putin:

    Now that we know Trump was setting a booby trap for Biden in Afghanistan, start pulling that thread. If you were out to sabotage Biden, think of every step, every move you’d make, and then understand that’s what Trump did. Trump, Pompeo, Putin are enemies of America.

    #LibertariansForBiden

    1. Cripes!

      …but I could see sarcasmic arguing that in a few weeks.

      1. We’ll get it much sooner. That steaming pile of shit was invented last night; by this afternoon, we’ll be getting variations from lord of shit, raspberry-x, M4e. The lot.

        1. Lord of shit’s shoveling that bullshit on the “Afghan Trillions” thread already

    2. I apologize for ruining this actual deep analysis OBL. I will do better.

    3. Is that a blonde joke?

  30. Thousands of people in Northern California have had to flee wildfires this week.

    Taliburn takeover.

  31. https://twitter.com/nytimes/status/1428328414444986381?t=Gti_WZ2vkSbVZgg4FH7dTg&s=19

    The Taliban are intensifying a search for people they believe worked with U.S. and NATO forces, including among the crowds at Kabul’s airport, a UN document says. Militants have threatened to kill or arrest their family members if they cannot find them. [Link]

  32. Another study suggests the Pfizer COVID-19 vaccine is less effective against the delta variant.

    Looks like Moderna spends more lobby money.

    1. “The statements made regarding these products have not been evaluated by the Food and Drug Administration.”

  33. The quickest way out of U.S. population decline in certain parts of the country “might be if the federal government gave up its monopoly on immigration and allowed states to bring in workers from anywhere in the world, based on their own labor needs, without being held to federal quotas…”

    Open borders, meet federalism.

    1. We have plenty of potential workers on government programs. How about we use those first.

      1. Anybody not working at this point doesn’t want to. Employers keep upping their pay scale and offering perks like sign on bonuses and they still can’t find enough.

        1. Hunger goes a long way to making people work. I like how your solution is to throw more money at people.

    2. Not that Shikha has ever had a good idea, but this one is particularly bad, since we all kind of insist on free movement among states.

      This would eventually result in inter-state border checkpoints all over the place.

      1. It does sound like an indentured servitude. Why not just give people temporary renewable work and residency permits and let them live wherever they want.

        1. That sounds dangerously close to what Bush suggested in like 2006. Off to the gulag for you.

        2. Some people would look at that idea and get something more slavey in mind. Not Shakia, of course, because of the whole “in mind” thing.

  34. although Hobby Lobby has advanced a variety of different meanings of ‘female’ over the course of this litigation, at different points suggesting that it would allow Sommerville to use the women’s bathroom if she could produce a birth certificate with a female sex marker or if she underwent genital surgery

    And it could have implications far beyond Illinois.

    At least one implication being that a person who was born with a penis and currently has a penis is a woman as long as its driver’s license says so. The flip side being that, of all the varied definitions of ‘female’, the only one of any legal consequence is the one that defines them strictly as fetal incubation chambers.

    Gender equality achieved!

    1. Obviously the solution is to stop using gender to segregate bathroom usage.

      “People with penis room”
      “People without penis room”

      Then it does not matter what your identity is, you just need to know what is between your legs.

      1. We need more rooms.

        1 Persons with vaginas who id as women
        2. Persons w/out vaginas who want to be women
        3. Person with penises who id as male
        4. Persons w/o penises who want to be a man
        5. All those who desire to be non binary

        Or we could go men/women and other [combine option 2, 4, and 5] and they can just take their chances but no bitching about it.

        Or even better, just have men, women, and a single occupancy restroom because there are not going to be a lot of 2s, 4s, and 5s anyway. If there is ever a line is will consist of one person waiting.

        1. Illinois already has some of the most ridiculous restroom fixture count requirements I’ve come across.

          Imagine going into a retail store and half of the building footprint is dedicated to restrooms.

          1. Where in other places they are just tucked inconspicuously at the rear.

            1. Just like Meggan’s penis?

          2. Seems trannies are like vegans and atheists that want to repeatedly remind you of what they are. Put the restrooms in the display windows so they can show the world.
            BTW are trannies allowed to do the Vagina Monologues?

            1. “Vagina Monologues?”

              I wonder if that “vagina friendly” production would even pass scrutiny nowadays. Definitely not inclusive enough. And as I recall it was even sympathetic to “sex workers” and thereby supported human trafficking.

      2. I think you mean

        “Penises allowed” room
        “Penises prohibited” room

        1. Sounds good. I was sticking with the new woke language of person. Pregnant person, etc.

      3. The new restroom signs will certainly be chuckle-worthy.

        1. Even kids will understand.

        2. Some trans women may have the balls to disobey them.

        3. Will there be “circle-and-slash over penis/vagine” pictures?

          Coz that would be pretty funny.

  35. Geena Davis “is wrong about video games and her prescription for ‘fixing’ video games is silly and counterproductive…”

    I’m just happy her publicists were find an avenue for her back into, um, relevancy.

    1. I assumed Gina Davis was the actress and Geena Davis was a trans fetishist/stalker… or a porn actress/stripper.

      1. She has a vageena

    2. Taking a page from the Tipper Gore playbook.

  36. President Joe Biden won’t let states ban mask mandates. As the school mask battles rage in Texas, Florida, and other states, the Biden administration is weighing in. “I’m directing the Secretary of Education, an educator himself, to take additional steps to protect our children,” Biden said on Wednesday. “This includes using all of his oversight authorities and legal action, if appropriate, against governors trying to block and intimidate local school officials.”

    No negative statement about usurping state and local governance?

    1. SIlly Jesse, this is Reason in 2021. Of course not.

    2. A mandated ban on banning mandates?

      Russell’s Paradox rears its ugly head.

    3. Reason is pro tyranny, and not really trying to hide it much

    4. It’s not Trump doing it…so do not be silly.

    5. Unelected bureaucrats unaccountable to anyone except their political masters overriding elected state leaders. It is diametrically opposed to the stated intentions in the founding documents of the USA. It is a direct violation of the 10th Amendment reservation of powers to the States and the People. Meanwhile the courts give serious consideration to the bathroom rules of private businesses and even supposedly libertarian media lead with that.

      If you want 1984, this is how you get 1984.

    6. What, you mean something like pointing out that under well-established constitutional law, localities are mere organs of state governments, while states are separate entities that cannot be commandeered by the federal government, and thus Joe Biden is directing the Secretary of Education to subvert the Constitution?

  37. “Don’t blame Russian trolls for America’s anti-vaxx problem,” says The Guardian. “Our misinformation is homegrown.”

    Our? Gatekeep your own population, Guardian.

    1. “miSinFoRMaTioN”

      1. “neED iNPuT”

  38. A federal judge on Wednesday threw out Trump administration approvals for a large planned oil project on Alaska’s North Slope, saying the federal review was flawed and didn’t include mitigation measures for polar bears…

    The Saudis are back in charge.

    1. Alberta and Venezuela are effectively blockaded, Alaska stopped, and Biden is publicly calling for the Saudis to massively increase production.

      They’re sure not shy about rewarding their donors, huh.

      1. I believe OPEC’s answer to Joe was “no. Fuck you.”

      2. It’s like the train song meat virgina.
        “we like to stay home, and bid on the president”
        Or in casablanca “I’m not opposed to a parasite, just a cut rate one”

    2. Follow the money. Has anyone checked to see if the polar bears are selling oil futures?

  39. Sen. Marco Rubio (R–Fla.) is still holding on to Trump’s TikTok ban dreams.

    The Chicoms are back in charge.

  40. As minority groups are among those most likely to be unvaccinated, when will the NYT denounce De Blasio’s vaccine passport rules as an example of systemic racism?

    1. No shirt, no shoes, no passport, no service.

      1. No shirts, no shoes, no mask, no passport, no communist party membership, no service. Future think.

  41. There was a ruling yesterday that claimed charging illegal immigrants a second time on a new border crossing was racist and therefore illegal.. is the goal of liberals to make a mockery of all logic?

    1. They have said logic is a tool of white supremacy.

    2. This was in reference to a Mexican who had returned after being deported and that deportations have a disparate impact on Mexicans.

      “Specifically, the government argues that the stated impact is ‘a product of geography, not discrimination’ and the statistics are ‘a feature of Mexico’s proximity to the United States, the history of Mexican employment patterns, and other socio-political and economic factors that drive migration from Mexico to the United States.’”

      Judge Du writes in response “The court is not persuaded.”

      1. ……………………………….wtf

  42. Instead of highlighting Biden’s disastrous handling of Afghanistan (which is the worst worldwide humiliation for the US in decades/centuries and could result in dozens/hundreds more hostages than the 52 captured/held/humiliated by Iran from 1979-1981), ENB features a transgender lawsuit in Illinois.

    Just as Reason buried the Hunter Biden laptop story, the 2020 election fiasco/fraud in many states, and Ashli Babbitt’s murder on Jan 6, it appears ENB and Reason want to distract readers away from Biden’s disastrous decisions regarding Afghanistan.

    1. It is hands down the most internationally embarrassing moment in US history

      1. I wasn’t around during the fall of Saigon or when the Canucks burned down DC in 1814, but this is definitely the biggest humiliation in my lifetime.

      2. The worst part of it is that they still could have salvaged something by focusing themselves after getting caught flat-footed like that, got their shit together, and told the military and CIA, “Figure a way to get our people out of there and fast.” They could have said, “Yeah, we fucked this up. This is why we fucked up. Here’s what we’re doing to make up for it.”

        I got to watch that useless piece of shit Lloyd Austin get completely stun-locked in the presser yesterday and have to get bailed out by Milley, and add insult to injury by claiming he didn’t have the capability to transport large numbers of people out. You dumb asshole, you have an entire Army, Air Force, and Marine Corps at your disposal, not to mention the whole goddamned security state with CIA assets in-country and you can’t plan an evac operation?

        You know what really worries me? That this actually isn’t the complete moral collapse of leadership and total incompetence that it appears to be, and that these slimy motherfuckers from Biden on down WANTED this to happen.

        1. Yep.
          Additionally, all those Afghans we are getting out? Completely unvetted. You want to know why the pictures show plane loads packed by 95% military age males? Because they’re the ones who shoved aside/down (literally) the women and children to get there. He’ll, a lot of them are recently released criminals.
          Americans? You’re on your own.
          Afghans that trample over the most bodies to get in line first? Welcome aboard!

        2. ” told the military and CIA, “Figure a way to get our people out of there and fast.”

          The only realistic way to speed it up would be to re-take Bagram, and establish a security cordon all along the road heading north out of Kabul.

          Not technically impossible, just practically impossible.

        3. But they don’t have 95 Toyotas. In all seriousness I think we can all agree that having the Cia and NSA on your side is a detriment

          1. having the Cia and NSA on your side is a detriment

            They were busy getting their heroin out.

        4. Red, these are the same people who will lead our troops to fight the communist Chinese, when the communists invade Taiwan. Their incompetence will get our sons and daughters killed.

          1. From Milley’s reading list, I’d say he’s prepping for some action a lot closer to home.

        5. What better excuse to go back?

      3. A Trump hater told me today he thinks he should have voted for him.

    2. ENB features a transgender lawsuit in Illinois

      In fairness, it is a rather high profile, 1A/private property case.

      Admittedly second fiddle to Kabul but, still a prominant piece in the orchestra.

      Also admittedly, it was decided in an *very* anti-libertarian manner and ENB suddenly discovers what objective journalism is and manages to present it in a Rashida Talib-“some things happened” fashion.

      1. Anti-reason and anti-libertarian.

        1. Yea ENB seems mostly concerned about sec workers rights that’s it

          1. Seems being the key. Looking past her explicit cheers, it would seem that if her cheer groups cheered women and/or pay out of sex work, she’d be cool with it as long as it was done the right way.

          2. “sec workers”

            Secession workers?
            Secretarial workers? (can I even say that word?)
            Security workers?
            Security and Exchange Commission workers?
            Inquiring minds want to know.

            1. It refers to the football players in states that seceded.

          3. SEC workers are part of the federal employees’ union. Their rights are as protected as can bit.

            1. LOL

              As protected as “$0.125” or “on”?

      2. I am trying to make an extra effort to be nice to ENB, since she is pregnant, and about to become a Mom. I am guessing late September to mid-October.

        ENB….Start a Reader pool. When will Baby ENB arrive?

    3. Meanwhile, Joe Biden’s speech yesterday advocating/mandating covid booster shots for US adults and mask mandates for all US school children was a pathetic attempt to distract Americans from his appalling decisions and defensive statements about Afghanistan.

      Today’s Pittsburgh Post Gazette (which has recently featured lots of articles and op/eds by left wing NYT, WaPo, AP and never Trumpers) featured seven news stories about covid on front pages of its national and regional news, but buried its one Biden friendly WaPo article on Afghanistan on page 6.

      Its amazing to see how left wing media outlets have, once again, gone to extraordinary efforts to prevent Biden’s approval ratings from dropping further.

      1. “…Meanwhile, Joe Biden’s speech yesterday advocating/mandating covid booster shots for US adults and mask mandates for all US school children was a pathetic attempt to distract Americans from his appalling decisions and defensive statements about Afghanistan…”

        *On this date, a search of the e-version of the San Francisco Chronicle (which makes claims to be an actual “newspaper”), features this:
        “Opinion
        Letters to the editor
        Letters: Past presidents to blame for Afghanistan crisis”
        https://www.sfchronicle.com/opinion/letterstotheeditor/article/Letters-Past-presidents-to-blame-for-Afghanistan-16393736.php?cmpid=gsa-sfgate-result

        *Regarding any news coming out of Afghanistan, the print version has a five-paragraph story regarding the Taliban killing a civilian.

        I’m assuming the publisher of the Chronicle is hoping that ignoring the story will somehow make it disappear. These are people who hold their hands up before their eyes and claim no one can see them.

      2. That whole thing was fucking surreal. He’s got 10,000 Americans, possibly more, still stuck in hostile territory, and he does a speech lambasting American’s Greatest Enemy–state governors who won’t enforce mask mandates–then yeets right on out the door.

        Fuck, even at Trump’s most obnoxious, he wasn’t this bad.

        1. One claim, cited yesterday, had the number as high as 40,000 – no body seems to know, but droolin’ Joe is telling us he’ll get ‘all of them’ out.

          1. In the interview he claimed that we retook control of the airport. That’s only true if you count bribing the Taliban not to attack the airport ‘controlling’ it.

    4. It’s not over yet. So far they are getting less than 2000 people out of HKIA per day.

      Which means this will go on for weeks.

      Or, until the Taliban decide they’ve collected enough pallet loads of cash and put a stop to it.

      1. One rather small airport and how many can you fit on an airplane. Also a lot of people just can’t get there.

        1. They have issues providing security for the flights too. This man had clung to the landing gear:
          https://www.tampafp.com/shocking-video-appears-to-show-afghan-hanging-out-of-landing-gear/

        2. Yep, just one runway and no secure way for people to transit the city.

          It’s always darkest just before things go totally black.

      2. I worry about that too. They should have started this months ago.

      3. Other ally nations are still there too. Merkel got hammered two days ago for going to a movie premiere while they have people in Kabul.

        1. There are a number countries with hundreds if not thousands of citizens still stranded. Most out in the city and unable to reach the airport.

          Go to foreign press websites for more details.

          1. I don’t read or watch news from US media. 😉

            1. You are on a strict “Alex Jones Only” news diet?

              So THAT is why you’re SOOOO well informed!

    5. https://twitter.com/itsSpencerBrown/status/1428372667191734274?t=CJ-zledaDgp4AYq_rswkvA&s=19

      Q: How are you fueling your planes… are you now in a position that you have to buy fuel from the Taliban?
      Taylor: The assets on HKIA… are what we need.
      Q: So that’s a no? You’re not buying fuel from the Taliban?
      Kirby: There’s plenty of fuel.
      [Video]

      1. Right now I think the only thing restraining the Taliban is their own indecision.

        I doubt even they expected to be in the situation they are currently in. And I doubt their organizational structure allows for rapid shifts in plans. My understanding is that it is all still very decentralized and nobody is willing to take a strong lead just yet, because that’s also the quickest way to be seen as a threat to all other commanders and get yourself backstabbed.

        But eventually they will come to some consensus on how to capitalize on all of this. That is when bad will go to worse.

        1. That is when bad will go to worse.

          For some reason this situation puts me in mind of the Seven Days War. When the smoke cleared, the Israeli offensive had been so successful that they had to stop themselves from annihilating the Egyptian army.

          That the Egyptians agreed to the cease-fire order is no wonder; it was their only salvation from utter destruction, from not being able to save a single solder of their entire army. But that the Israelis submit to these rules that are nowhere else imposed is real testimony to their genuine desire for peace: no other people, well on the road to complete victory, ever accepted rules of warfare designed to halt them on their way. – New York Post, SUNDAY, OCTOBER 31, 1948

          Once the Taliban get over the shock of their success, they will not be so restrained. Things will indeed go from bad to worse.

          Meanwhile, the Biden team studied the playbook of Egypt in 1948. Take a victory lap at home for ending a war while being chased off the battlefield.

          That the Arabs are not great military heroes can be excused. But that they should herald a victory when actually they are suffering a rout is reprehensible. This lack of candor is a dominant feature of their politics, too: Many pronouncements by their representatives in the United Nations and elsewhere are in the same category as calling a real rout a great victory.

    6. You cant spell brain-dead without E, N and B.

      1. rai -d ad

        Yep, you’re right. 🙂

  43. https://twitter.com/alexplitsas/status/1428222164050882561?t=hs3McAY7bBKnOdbCLjDhyg&s=19

    British and French Special Forces units are making gun runs through Kabul to rescue and evacuate their trapped citizens while our senior Pentagon officials say we lack the capability to do so. We don’t lack the capability — we lack the political will. [Link]

    1. For a look at private enterprise .vs the current administration:

      Like anyone over a certain age, I had heard years ago about Ross Perot rescuing his employees from Iran. I’d wondered from time to time how he was able to pull that off. Especially since our government was unable to get its own hostages out of there for over 400 days

      https://www.amazon.com/exec/obidos/ASIN/B0031TZ8TU/reasonmagazinea-20/

      (fun fact: the google search returns only one first page link to this book, and the rest deal with other movies and stories. Duck Duck Go returns several references on the first page)

      1. Additional fun fact: the hostages were held during a democratic run administration; the day a republican took office, the hostages were released.

        1. I’ve read where Khomeini would have released and expelled the hostages but that Carter never asked. Also read that Carter didn’t w
          ant to interfere with the work of that “holy man”.

      2. On Wings of Eagles by Ken Follet. Read it years ago; as I recall he used a bit of his considerable financial resources to hire a retired army officer to organize and pull it off. The “hostages” were actually in hiding so did not have to be rescued from confinement, but still a challenging task.

    2. For State and DoD, protocol is more important that action.

      1. Policies were followed.

  44. https://twitter.com/MythinformedMKE/status/1428110096937230336?t=paqNq-WeDXHcg4twBSiZ2g&s=19

    Social justice inclined physician experiencing a bridge-too-far-moment.

    He refers to a medical journal that is demanding that any research studies that examine disparate racial health outcomes must always reach the conclusion that racism is the cause.

    Such is not science [link]

  45. Guys in the girls room. Well we may just have to start vigilante justice.

    If a dude goes in the bathroom maybe we just drag him out and beat the crap out of him.

    1. The MSM audience will love the hate crime reporting.

      Seriously, there’s gonna be a parting of the ways. I see the split as 12 hard blue states and 38 “free” states. I doubt we will maintain a common defense or currency.

      1. There aren’t twelve blue states. Maybe Massachusetts and Rhode Island. But the blue cities that want to go should go and should be walled in.

        1. Noted, it is primarily the urban areas that seem to want a tyrannical government that tells them what to do in exchange for a small amount of specious security. The exurbs and hinterlands are almost always solid “red.”

  46. If Hobby Lobby has a store in Biden’s Taliban Afghanistan, mtf trans employees probably still use the men’s room.

    1. If Hobby Lobby has a store in Biden’s Taliban Afghanistan, mtf trans employees probably still get killed use the men’s room.

      Fixed that for ya’

    1. Is that a parody account?

      1. Nope, blue-checkmark

        1. Ever wonder why there are no red-checkmarks?

  47. “a trans woman who has worked at Hobby Lobby stores since 1998 and has been fighting over its bathroom policy since 2010”

    WTF. No retail job is worth that much emotional energy. This has to be proof of mental illness.

    1. Meanwhile she is a long-standing employee and now they make a fuss over it. How is this in the best interest of Hobby Lobby. The legal costs alone would be far more than putting in a neutral “family” bathroom which some places have.

      1. They are making a fuss over it? Or did he demand new accommodations? I know logic isn’t your strong point..

      2. Fighting back against creeping totalitarianism is pretty good PR. They can dedicate most of their marketing budget to it.

      3. Hobby Lobby’s owners are fundamentalist Christians. As I mentioned above, they even have a policy of not carrying Halloween stuff in the fall.

      4. You folks really get confused about who is doing what.

        “She” is the one making a fuss, instead of just, er, manning up and using the bathroom provided.

    2. It is if you’re getting a $220,000 payout apparently.

  48. Why can’t Hobby Lobby remodel to install 2 single use bathrooms and hang a sign on the doors saying, “We don’t give a fuck what you claim to be, just wash your fucking hands”?

    1. Usually, this does not seem to be an issue of having a facility to use but rather in having their perceived identity officially validated. The person in question would likely not accept that as a compromise.

      1. This is my suspicion. Nobody cares what bathroom you use provided you don’t make a big deal out of it. It’s all just plumbing.

        1. But trannies believe it’s the wrong plumbing

          1. There is an entire chapter on this in their shemanual.

            1. “sheual”. Get that “man” outta there!!

      2. “… but rather in having their perceived identity officially validated.”

        As I posted above, men, women, and single toilet accommodation for any who prefer otherwise. The line would be very, very short, but as you say I’m pretty sure this wouldn’t go over because it would not force EVERYBODY ELSE to recognize them.

      3. Yes, because you must VALIDATE their delusion.

    2. Several reasons come to mind.

      Maybe they don’t have the space, or want to give it up. Single use restrooms in a commercial / public setting are required to be fully ADA / ANSI 117.1 (Accessibility Code) compliant. In Illinois, they must also meet the Illinois Accessibility Code, which has additional requirements. The result is that each one of these proposed restrooms takes up about 60-70 square feet of space.

      They might not have plumbing nearby, or a way to easily fit this into the layout of their building. Just the plumbing costs for a commercial restroom can be staggering. It can cost $10k to trench a drain line for a new toilet – and that’s if it’s close.

      Illinois already had a crazy amount of requirements for plumbing in commercial / public building, and it’s gotten worse recently. A recent retail project we worked on there required almost twice the number of toilets and lavatories as what would be typical in most of the rest of the country. It’s possible that altering or adding any new plumbing would trigger a requirement to comply with the new counts.

      Also, I remember reading about a court case that had decided that if gendered restrooms were offered, it was NOT a reasonable accommodation to tell trans-folks to use the single-user unisex (AKA Family Assist) restroom. For some reason.

      1. Just so we’re clear, the plumbers’ unions had absolutely nothing to do with these regulations. Nothing at all.

    3. Just install a porta potty in the parking lot. Give her the key. Done.

    4. They want validation not accommodation

      1. + well put

    5. Because this is not really about where the employee shits. It is about forcing everyone else to recognize the behavior of the employee as normal.

      From what I can find, there are about one million ‘trans’ people in the US. That is 0.3% of the population and would include people who don’t actually experience gender dysphoria using the trendiness of ‘trans’ to get attention. By contrast, it is estimated as many as 1.2% of the population suffer from schizophrenia. How many are advocating for untreated schizophrenia to be accepted as normal.

      People are loyal to God, family, and country. Islam was ballsy and went for the first by making sure the second and third were eliminated with sword and fire. The modern left are more subtle, going for the third by eliminating the first two through indoctrination and normalization of behaviors that undermine families and the tenants of religion.

      1. “How many are advocating for untreated schizophrenia to be accepted as normal.”

        Joe Biden is perceived as having received 81,268,924 votes.

        1. He identifies as an elected President and wants to be able to shit wherever he wants. Not just labeled restrooms, but in the hallway, on the front lawn, while he’s just sitting there remembering when he drove an 18-wheeler cross country to the steel mill to rescue a little girl (with great-smelling hair), fat. Then he worked a shift just for the hell of it, before going off to work in the code mines.

  49. “Indeed, it is worth noting that, although Hobby Lobby has advanced a variety of different meanings of ‘female’ over the course of this litigation . . . ”

    Never apologize, Mister; it’s a sign of weakness.

  50. Who can pee where is a major court case.

    This is the stupidest time to be alive.

    1. Nothing new here. I remember a breakroom conversation in 1970 where feminism was the topic. The conversion ended when one of the men asked “Where will all this end? Will women back up to the urinals, or will they make us all squat to pee?”
      Half a century shot to hell.

  51. “Geena Davis “is wrong about video games and her prescription for ‘fixing’ video games is silly and counterproductive,” writes Erik Kain.”

    There’s no crying in Borderlands!

    1. What’s the good of being a ghost if you can’t frighten people away?

      1. Wynona Ryder was hawt.

        1. would have overlooked her if Geena was around tho’.

    2. There is whenever I encounter stairs.

      Except in the Pre-Sequel. I was awesome in that one.

      1. I cried tears of joy when I got to kill 1000 claptraps in Moxxi’s Heist.

        1. That fight was an enormous pain in the dick. I’m glad I’ve no reason to grind it.

          Jack’s mass mass murder of the product line was a sad day for fictional humanity.

  52. President Joe Biden won’t let states ban mask mandates.

    https://twitter.com/Mark_J_Perry/status/1427436726126059523

    Reality check: in 2019, 123 kids under 14 died of the flu. In 2020 68 kids dies of the wuhan virus.

    If you DIDNT call for school closures and mask mandates in 2019 to protect kids from the flu, but you are doing so now for the wuhan lab virus, understand that you are a victim of mass mind control.

    1. …by the teachers’ unions.

  53. if it chopped it off it can use the ladies room.

  54. Geena Davis “is wrong about video games and her prescription for ‘fixing’ video games is silly and counterproductive,”

  55. Is it time for Americans to look to the tali to learn some lessons?

  56. The court says she is “unquestionably” of the female sex?? Wtf?? Sex actually means something. And she is of the male sex. This point is independent of bathroom access. She can argue in the basis of gender, but not sex.

    1. Apparently, the court thinks the Illinois legislature and the judiciary can not only define words as they want change the concepts those words refer to. They are King Canute’s court, and see no limitations to the government’s power to define reality.

  57. [Hobby Lobby] argues that ‘sex’ means ‘reproductive organs and structures,’ and thus Sommerville (who has not had a surgical vaginoplasty or labiaplasty) is of the male sex.

    I thought that was what the woke crowd has been arguing for the last several years, that “biological sex” is what you were born as based on your reproductive organs and/or genetics and “gender identity” is what’s determined based on a person’s feels. Sounds like I’ll need to update my “woke new-speak” decoder ring again.

    1. Words don’t mean anything anymore.

      1. ^this

        1. what’s this supposed to mean?

          1. when you hear the call, you got to get it underway.

      2. Not these words for sure. So that being the case it is not worth arguing over. Really it sounds like this whole thing is not worth a fight. I just don’t see the big deal here.

        1. Just to clarify, I don’t think it’s worth fighting over either. If this person wants to identify as a woman and use the women’s room at work, then just let the poor woman take a piss and/ or shit where she wants to. I just found it rather ironic that Hobby Lobby (one of the left’s favorite boogiemen ever since their fight over the Obamacare birth control mandate) is essentially using the exact same argument they’ve used for years – that biological sex and gender identity are not the same thing.

          After reading more of the blurb from the court’s opinion, it sounds like the law itself isn’t very clear on the distinction either:

          Hobby Lobby argues that the Commission improperly conflated ‘sex’ and ‘gender identity,’ which ‘are not synonymous.’ We agree that of course these two terms are not synonymous; after all, each term is defined separately in the Act. However, … section O-1, the provision referring to gender identity, itself uses the term ‘sex,’ showing that the two provisions must be read together. … Further, by defining ‘sex’ broadly as a status, without any reference to anatomy, birth certificates, or genetics, the Act allows for the consideration of gender identity as one of the factors that may be used to determine sex.

          TL;DR: poorly worded law, open to interpretation, makes it nearly impossible for employer to determine who’s allowed to legally use what bathroom and whether or not they have any legal right to bar pre-op transsexuals from using the bathroom of their gender identity leading to an expensive and drawn out court battle that’s probably not over yet. I can’t think of anything that more perfectly sums up the absolute state of things in 2021.

          1. We need either more bathrooms or more lawyers. Take your pick.

          2. Except it is clear that trans activists conflate sex and gender all the time even while simultaneously claiming they are different. Like claiming a cis man having sex with a trans woman isn’t homosexual, despite the fact that the two people involved in the sex are both male, and therefore the same sex. Or the disingenuous crap when they argue against segregating sports by sex.

  58. If it has a penis it is a man, probably or mostly, maybe.

  59. >> says The Guardian. “Our misinformation is homegrown.”

    ala, “don’t worry, these vaccines are beneficial to you”?

  60. “Don’t blame Russian trolls for America’s anti-vaxx problem,” says The Guardian.

    Is there anything that can’t be blamed on “Russian trolls?”

    1. Biden election?

      1. I’m sure someone, somewhere, deep down in the cockles of the internet’s heart – maybe below the cockles, maybe in the sub cockle area, maybe in the liver, maybe in the kidneys, maybe even in the colon, we don’t know – has floated that theory.

        1. Why don’t you just shut up and sing the song, pal?

  61. I just dropped by to intensify the critical bathroom theory debate.

  62. The Hobby Lobby case brings up one of my criticisms of the whole trans movement. They claim that sex, gender, and gender identity are all different. Many even claim that they are independent, which is extraordinarily stupid, because even if they are all different, they are clearly highly associated with one another.
    However, they and others, like this court, then proceed as if sex and gender are the same thing (I don’t even get how gender and gender identity are different). You can see it in this case with the line “Sommerville’s sex is unquestionably female.” Or in discussions on women’s sports where one argues that it should be limited to females (I will use male/female for biological sex, fuck always adding biological in front), to be met with the line “trans women are women.” Even accepting this as true (and they haven’t sold me yet on this), they are undeniably male. It is classic 1984 shit, simultaneously holding contradictory opinions and believing both to be true. If gender and sex are two different things, then at the very least, let one of the traditional binaries (male/female, man/woman) stand for sex alone.

    1. If gender and sex are different, then gender has no meaning, except to explain a set of stereotypical behaviors that the critical gender theorists have identified as “male” or “female”.

      The trans activist movement seeks to place “women” and “men” in categories based on a set of performative characteristics. Which is why the trans movement is highly misogynistic.

      1. Yes, agreed, which is why I don’t understand the alliance between trans activists and certain rad fems, the ideologies are completely contradictory. The TERFs are the ones who are ideologically consistent (even if they are often so, so wrong).

        1. There isn’t an alliance between them its causing a rift

          1. It did cause a rift, but not between trans activists and rad fems. Instead it created a schism within the rad fems, between TERFs and those who can’t see the contradiction. I have experience with this, as I have a proggie, commie, trans-inclusionary, rad fem as a sister, and yes, she is fucking nuts.

        2. The so-called TERFs are the feminists that saw where the argument was going, and pulled the fuck off the road, and good for them. Even though I’ve listened to a number of so-called TERFs with whom I agree on the trans-activist kerfuffle, I suspect there are a number of issues about which I’d disagree with them on.

          But there’s no denying that it’s incredibly insulting that “being a woman” merely means performing a series of acts which include having long hair, wearing makeup, wearing a dress or (in one incredibly jarring and insulting case) doing kitting– literally, and then you’re a woman.

          1. The funniest bit of all of this is that, at least in my completely anecdotal experience (so take that for what it is worth, very little), the performance seems so subpar. Like, yes, the dress and style is more stereotypically like the opposite sex, but the behavior doesn’t really match the stereotype they want to portray, they still act more stereotypically like the sex they are trying to deny.

          2. That creep that likes to get a bug up his newly minted hole over Shapiro and Owens is such an example of this.

            I have yet to see a video of him where he isn’t obsessed with how his boob job looks on camera.

      2. Of course, it makes sense that they have to believe they are different and the same at the same time, because there is no denying the differences in gametes (see my reply to myself below).

      3. If gender and sex are different, then gender has no meaning, except to explain a set of stereotypical behaviors that the critical gender theorists have identified as “male” or “female”.

        That was always my understanding of the distinction: A person has a sex, male or female, but “gender” refers to the societal and cultural expectations associated with that sex but have no biological meaning. Women having long hair and wearing dresses, the color pink, etc. You don’t have to have long hair to be a woman, and if you do have long hair, you aren’t necessarily a woman. They are just the social constructs associated with it.

        The trans movement, as far as I can tell, is about people adopting the trapping of gender and insisting it changes their sex. It’s basically the same way four-year-olds think.

        1. It’s basically the same way four-year-olds think.

          [child walks into room where woman is watching a true crime dramatization]

          “Mommy, can I be a boy?”

          {woman not paying attention to child]

          “Sure you can, sweetie, you can be whatever you want to be.”

          “Thanks, Mommy! Billy took all my gum and you told me that good girl’s don’t fight. Now that I am a boy, I can go outside and kick his penis .”

          “Wait, what?”

    2. Oh and I should point out that Hobby Lobby is a bit wrong here too, but most people are when it comes to defining sex, because we focus so much on the human condition. Strictly speaking, sex is defined not based on genitalia or chromosomes, but on (potential) gametes. Males produce small gametes (and usually a lot of them) and females produce large ones (and usually not that many). This is because sex is not always determined by sex-specific chromosomes or genitalia. Alligator and turtle sex is based on the temperature of the individual egg in the nest. Hymenoptera (ants, bees, wasps, etc) are haplodiploid, females have 2 full sets of chromosomes, males only one, no specific sex chromosomes here. Birds have sex chromosomes the opposite of ours, with heterozygotes female and homozygotes male, and, with few exceptions (see the horror that is the duck penis), birds have no external genitalia. Based on this, if you (at least have/had the potential to) make sperm, you are male, if you make eggs you are female, and if you make both, well you might be a snail.

      1. We used to have a pretty useful, common cultural definition of “man” and “woman” that served society quite well for several thousand years, then it was demanded we put that in the shredder, and the new order had to be in place by Monday, no later than 830am. And then everyone asking why was called a “phobe” and was accused of being obsessed with bathrooms.

        1. Yes, but if they want to play the pedantic, semantic game, we can play it just as hard.

        2. Time to point out (again) that a phobia is an irrational fear of (whatever), and the fear of the country being destroyed by the doublethink is quite rational.

      2. It’s all very interesting about other species that are very different from us, and you could talk about frogs, too, where in some species if the only male frog in a pond dies, one of the females turns into a male.

        But, that’s not our species, so this is just a diversion.

    3. The fatal error in your analysis is that you are assuming that these people are arguing in good faith and want to reach some sort of solution.

      They aren’t.
      They don’t.

      1. Oh, I have no doubt that this is true of some, but I do believe in Hanlon’s Razor, “never attribute to malice that which is adequately explained by stupidity.” I do think most of them are that stupid.

        1. Should have added “and/or crazy” on that last sentence.

        2. They are so stupid that the US courts at all levels are ruling in their favor; so maybe that word “stupid” doesn’t mean what you think it means.

          1. It’s just that scene in 1984. “How many fingers am I holding up?”

            Only the courts are substituting for electrodes wired to genitals.

            Since it’s the government asking, of course the courts punish the ‘wrong’ answer.

            The point is just to force people give into the lie they’re being ordered to accept, break down their devotion to the truth. Once that’s accomplished, they can be given new lies to accept.

  63. What are we really talking about when we discuss critical race theory? On today’s episode of The Argument,

    Perhaps the Times could invite Helen Pluckrose to their conversation.

  64. Do delta variant surges really correspond with low vaccination rate states? “There has been a lot of news about how these surges are hitting unvaccinated states harder and that’s not really true,” suggests Matt Shapiro in the Marginally Compelling newsletter.

    Israel.

    *drops microphone*

    1. Please don’t drop the microphone until you’ve covered hospitalization and serious illness rates between vaccinated and unvaccinated.

      1. Israeli health officials have said 60% of current hospitalized COVID-19 cases are in vaccinated people. Most of them are age 60 or older and often have underlying health problems.

        So… more than half of the hospitalized delta cases in Israel are with vaccinated individuals. Do you want me to pick up the microphone and re-drop it, or would you like to do it for me?

        1. Not until you normalize for the number of vaccinated vs unvaccinated people in Israel.

        2. Mike is right here. What you should care about is your chase of getting hospitalized if you are vaccinated vs if you are unvaccinated. And if the overall proportion of people vaccinated is high, even with a relatively low rate of hospitalization with COVID as compared to the unvaccinated, it would not be surprising to find that the majority of hospitalizations are in the vaccinated. Bayes’ Rule strikes again.

          In other words, the probability of getting infected with COVID and hospitalized given that someone is vaccinated can be low, even if the reverse, the probability that someone is vaccinated given that they were infected with COVID and hospitalized, is high, because it depends on the overall probability of vaccination in the population and on the overall probability of getting infected and hospitalized.

          1. In this case, it’s not just the overall rate of vaccination. Since the odds of hospitalization go up with increasing age and declining health, it’s the rate of vaccination for people who are old and sick.

            In Israel that’s very close to 100%.

            For any given age and health status, the vaccine dramatically reduces your chances of hospitalization. But with practically every elder vaccinated, and most of the risk of hospitalization being for elders, they still make up the majority of those hosptalized.

  65. I have to say, the comments are on fire this morning. Well done.

  66. Listen to the AMA and remove sex labels from birth certificates in Washington state

    In an effort to “recognize the medical spectrum of gender identity,” The American Medical Association now recommends removing sex labels entirely from birth certificates. As an associate teaching professor at the University of Washington, who teaches human sexuality to about 4,000 undergraduate students every year, I strongly believe that Washington state should follow this recommendation.

    In order to assess the birth certificate issue, let’s first try to understand more about the actual people this would affect. The U.S. Census does not ask about gender identity, but according to a report put out by the Williams Institute in June, 1.2% of the U.S. population identifies as nonbinary, meaning their gender identity is neither “man” or “woman” nor “male” or “female.” That’s roughly the population of Dallas. According to a Gallup poll published earlier this year, 1.8% of people born between 1997 and 2002 (Gen Z) identify as transgender, meaning the sex they were assigned at birth and their own internal gender identity do not match.

    Stop the world, I want to get off.

    1. Of course, because there are no medical issues or conditions that solely or disproportionately affect one sex, none at all.

      https://www.youtube.com/watch?v=RaY9k6tuLog

      1. “Women’s health issues”… sure, media, sure. “Women hardest hit”. Sure, media, sure.

      2. And not just the directly sex-specific medical issues either. 50-yr.-old patient presenting with nausea, upper abdominal discomfort, shortness of breath, fatigue, and indigestion. Male with GERD or female suffering a heart attack? 30 yr. old moderately obese patient presentig with insomnia. Do you prescribe the 5 mg dose for women or the 10 mg dose for men that causes excessive daytime grogginess in women?

        You don’t get to decide and if the patient knowingly misinforms you, you’re guilty of malpractice and bigotry.

        1. the 5 mg dose for women or the 10 mg dose for men

          Sorry, 5 mg or 10 mg dose of Ambien.

          1. Great, do I have to get my stomach pumped now?

            1. Just sleep it off. Alternatively, just accept driving like a woman.

        2. “Do you prescribe the 5 mg dose for women or the 10 mg dose for men that causes excessive daytime grogginess in women?”

          I get your point, but maybe we could just stop using sex as a proxy for body mass? Even if it is slightly better than completely ignoring body mass when deciding what dose to prescribe?

    2. Excuse me, but I fail to see the essential difference between ‘associate teaching professor of human sexuality’ and ’employed schizophrenic hobo’.

      1. One can be helped with medication.

        1. lol

    3. The same site says 1.4 million adults in the U.S. identify as transgender. They have revised that from when I checked earlier this year. It May they were saying 1 million. Regardless 1.4 million is .042%. The Seattle Times, like all good lefty rags, is conflating statistics for ‘non-binary’ and ‘trans’ to purposefully obfuscate. If gender is a scale, ‘trans’ is still 3 standard deviations away from normal.

      https://williamsinstitute.law.ucla.edu/subpopulations/transgender-people/

      1. If gender is a scale, ‘trans’ is still 3 standard deviations away from normal.

        What if they identify categorically, rather than continuously a non-binary spectrum?

        1. I can do better.

          If 1 in 240 people identify as trans, Hobby Lobby is being forced to change a policy that definitely protects what is probably more than 1 out of 2 of their employees (by prohibiting male employees from entering restrooms delegated as female only) to accommodate a situation that would only potentially exist in, if they had 30 employees per store, only 1 out of every 8 of their stores. Of course, trans people are not evenly distributed throughout the population and not every trans person is an activist, which means there are probably even fewer stores where it is of any concern whatsoever. For all I know, it is just the one.

          And are there people following this specific employee into the men’s room to gawk or harass them? If not, why do they even have a cause for action? A person is proud enough of being transgender to sue in open court, but too timid to be seen walking into a men’s restroom? NoMen’s restrooms still have private stalls.

          An argument about intervention to prevent the conditions at the Triangle Shirtwaist Factory is reasonable. Hobby Lobby’s bathroom policy is a bad punchline.

          The claim about birth certificates is even more spurious. Changing a State certified document required for all employment in the US (I-9), passports and state identification, to make it less descriptive of the individual simply to accommodate the potential feelings of 1 out of 240 people? Fucking ridiculous. It would be unreasonable even if it were 1 in 20. Hell, a birth certificate is required to run for President.

          How any journalist that writes such a thing is not laughed out of the office is beyond me except that progressives have an agenda, and this is part of it.

          1. NoMen’s restrooms

            My typo made me laugh out loud when I read it again.

  67. HOLY CRAP

    I thought things in Afghanistan were bad. This tidbit just made it seem ten times worse.

    “Panetta, who said he has been unsure what to tell the numerous contacts in Afghanistan calling him seeking a way out of the country, said, “Right now it just does not look like we have our act together.” He expressed surprise at the seeming lack of preparation.

    https://townhall.com/tipsheet/mattvespa/2021/08/18/obamas-former-defense-secretary-biden-didnt-care-about-afghanistan-just-crossed-his-fingers-and-hoped-for-the-best-n2594347?utm_campaign=rightrailsticky1

    That is FORMER DEFENSE SECRETARY Leon Panetta being quoted there.

    Meaning the sorts of people who have his cell phone number are calling him and asking for help. Never mind that he “does not know what to do for them” just consider the fact that even they have been caught out by all this.

    Those are some seriously valuable people.

    Once the Taliban wakes up to any of this they shut the airport down.

    1. Oh, and BTW, that’s a Townhall link, but they pulled the quote from a WaPo interview…

      1. Something tells me this will not be remembered as the Arab Spring to which Twitter was instrumental.

        1. Those “important people” are no doubt working their contacts, trying to maintain a low profile, and not give anyone a political black eye.

          At least right now.

          But if some of them don’t make it back, either end up actual hostages or simply fall off the planet.

          Then Joe Biden goes down as the worst President in modern history and most certainly does not finish his term.

          1. Then Joe Biden goes down as the worst President in modern history and most certainly does not finish his term.

            Again, not entirely convinced that Joe isn’t being hung out to dry in a “Kamala couldn’t be *that* bad.” ploy.

            1. One of the conspiracy theories I actually subscribe to is that a whisper campaign from within the Administration will promote the idea that Biden is too incompetent to continue running the country, the Republicans (being the Republicans) will seize on this and then run with it with the Democrats largely standing on the sidelines. Biden is removed, Kamala is made president, and it looks like a GOP coup.

              1. It won’t happen – by choice – until after the current shitstorm has died down substantially.

              2. Problem with that theory is the Republicans have been saying Biden is senile and incompetent since he announced his Presidential run. It hasn’t gone anywhere with Biden’s supported because it is coming from the Republicans. In fact, Republicans calling him senile just reinforces his base’s support for him.

                1. In fact, Republicans calling him senile just reinforces his base’s support for him.

                  We’re not having this discussion because Republicans think he’s senile. We’re having this discussion because Democrats think he’s incompetent. They don’t have to listen to Junior’s opinion on Biden, they can listen to him quote Obama about Joe’s inimitable ability to fuck things up.

                  1. Biden got vastly bigger Democratic social spending priorities passed than Obama, who had much bigger Congressional majorities to work with.

                    Biden ended the Afghanistan occupation while Obama fell victim to the same weakness and delusion that kept it going for 20 years

                    And it’s only 8 months in. Biden may be senile, but he’s more effective than Obama, and it goes without saying that any house cat is more competent than a Republican.

                    1. Well, yes, it goes without saying that housecats are more competent than Republicans if you want your shoe shat in.

                      Realistically, Obama could have gotten more spending today, too. Spending is totally, utterly out of control at this point. Obama had to contend with people who actually felt the need to pretend they cared about deficit spending. Biden is dealing with people who figure the sky is the limit, and then we’ll strap on rocket boosters and aim for the moon.

        2. With no Arab Spring, the Muslim Brotherhood original Regime wouldn’t be in charge.

          1. Yeeah.

  68. She has bathroom access, the men’s room.

    1. LOL! Brevity is truly the soul of wit.

  69. “Hobby Lobby’s argument that female status is somehow immutable is belied not only by the Act but also by its own conduct,” the justices added.

    Ha. As if either the Act or Hobby Lobby have any authority in whether being female is immutable. What they say is irrelevant to whether being female is immutable. It is the sperm fertilizing the egg. If the sperm has a Y chromosome, you get a male, if it has an X, then a female. The court should consider if that is immutable.

    1. It’s the same (morally) relative goalpost shifting and spurious reasoning that’s been vocalized on these forums before.

      Normie: There are only two genders and the goalpost is fixed at the end of the endzone. It’s been that way since before humanity’s ancestors climbed down from the trees.
      Trans-person: I want to wear a dress and stand at the 10 yard line.
      Normie: OK, there are still only two genders and the goalpost is still at the end of the endzone, 20 yds. away from you.
      Trans-person: I want to take hormones, get implants, and stand at the 20 yd. line.
      Normie: OK, there are still only two genders and the goalpost is still at the end of the endzone, 30 yds. away from you.
      Trans-person: I want to have my genitalia surgically altered, and stand on the 30 yd. line.
      Normie: OK, there are still only two genders and the goalpost is still at the end of the endzone, 40 yds. away from you.
      Trans-person: What about that intersex person standing on the 48 yd. line? How far away is the goalpost from them?
      Normie: 58 yds.
      Trans-person: 20, 30, 40, 58 yds…. See, gender is a spectrum and your goalpost is an artificial construct that you keep moving!

        1. I saw mpercy’s comment earlier yesterday (and provided part of an updated rendition of Alice’s Restaurant below it).

  70. But as soon as Hobby Lobby allows the shemale into the employees’ women’s room, then some of the cis-gendered feminists will sue them for creating a hostile work environment. We’re now on our way to three-bathroom installations (men, women and single-sitter).

    1. Already demonstrated to be insufficient. The trans female HS student successfully sued despite the fact that independent restrooms/locker rooms were (made) available. The trans people want to be in the women’s restrooms, women don’t want them there.

  71. Jesus fucking Christ. Is it too much to ask for ANYBODY at Reason to simply look at the data from last year at this time? I think they will be shocked by what they see!

    WHY ARE WE NOT SAYING THE OBVIOUS ANYMORE

  72. I would say if this trans-woman has not yet undergone an appendictomy the court has made the incorrect ruling. If thetrans-woman has then she no longer has to part still attached that would make her the man she started out being.

    1. The funny thing is that it seems that’s not the case and Sommerville can’t even produce a 1-800-GOT-JUNK receipt as evidence to the completion of its transition. The court says Hobby Lobby is being whimsical in insisting on that distinction. It’s a pretty clear “Fuck you” to Hobby Lobby and, by proxy, women.

      If the trans woman in question had undergone surgery, there would be no issue. Both from the legal perspective in that Hobby Lobby’s policy indicates such *and* from the perspective that penis raping is no longer a concern.

      It’s as I stated above, they’re basically saying women have no distinct agency as women/a gender until they’re pregnant.

  73. And all the hash being made over trans-women in the women’s room sets aside the fact that Hobby Lobby should be able to have a no women in the women’s room policy at their leisure. There may be a case that they can’t forbid women from the women’s room without also forbidding men from the men’s room or otherwise making restrooms available to everyone equally.

    However, ultimately, it’s Hobby Lobby’s restroom, not the employees’, not the customers’, management says who goes and who doesn’t. The decision is plainly anti-business, anti-free market, anti-woman, anti-science, and anti-reason.

    1. It’s just a law.

      You know laws? Like the ones you want to impose on trespassers, immigrants, college professors, etc.?

  74. I genuinely would like to know how the supposed worshipers of “science” justify this in their minds.

    A person “is” a woman, just because they wish to be? And everyone else *must* agree, because … science? What science? The science of XX and XY chromosomes? No, not that, apparently …

    1. Not a single transgender person is unaware of their biological (XX or XY) sex. The whole reason they are transgender is that they are acutely aware of this.

      They do not want to change their chromosomes, they want to change the way they present to society.

      The way people present to society is entirely culturally constructed. There is nothing in our chromosomes that indicates which color clothes we should wear, how we should style our hair, or which pronouns we use. These are concepts invented out of thin air. They are memes.

      The same goes for bathrooms. Gender-segregated bathrooms do not exist in nature. Bathrooms do not exist in nature. How we choose to use them is informed by cultural norms, but ultimately it’s up to us, because we are grown adults who can decide where to shit for ourselves.

      So the political question is about freedom. Trans people want the freedom to present as a gender that does not conform to what culture expects of them based on their chromosomes. Assholes want to force trans people to conform to their own asshole cultural assumptions, including forcing them into and out of certain rooms. (Government typically does not set bathroom policy anyway, and do you really want it to? Isn’t that rather an invasion of privacy?)

  75. I think we’ve reached peak insanity, when government forcing women to use bathrooms with XYs is “libertarian”.

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