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IANAL but if the basis of your law is just "gays are icky I don't like them because reasons" that's animus.
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Aug 15, 2016 15:26
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OwlFancier posted:What is "animus" in this case? I'm not familiar with the term as applied to laws.  I think as used here it's not in a strictly legal sense (mens rea would be a rough legal equivalent but implies something more specific) but just to imply that they are motivated purely by enmity or ill will, they cannot prove a material reason or definition of harm as understood by a court, just that they hate the group in question.
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Aug 15, 2016 15:30
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So... presumably you also have to have a better reason for granting a right or freedom than "becuase freedom good"? Or does it only work for banning stuff?
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Aug 15, 2016 16:12
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OwlFancier posted:What is "animus" in this case? I'm not familiar with the term as applied to laws. It originated in US Department of Agriculture v. Moreno in 1973, where Congress made it so 'hippies' and 'hippie communes' couldn't get food stamps. The Supreme Court struck down the law, explaining that, quote:For if the constitutional conception of "equal protection of the laws" means anything, it must, at the very least, mean that a bare congressional desire to harm a politically unpopular group cannot constitute a legitimate governmental interest. Here's 47 pages on animus if you want the long answer.
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Aug 15, 2016 16:12
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joat mon posted:It originated in US Department of Agriculture v. Moreno in 1973, where Congress made it so 'hippies' and 'hippie communes' couldn't get food stamps. Ah so presumably yes only for restricting rights/freedoms rather than granting them.
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Aug 15, 2016 16:13
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OwlFancier posted:So... presumably you also have to have a better reason for granting a right or freedom than "becuase freedom good"? As I understand the legal principles, the rights which are recognized are supposed to be inherent to all humans, so the law can never actually "grant" a right or freedom, only constrain what already exists.
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Aug 15, 2016 17:18
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OwlFancier posted:So... presumably you also have to have a better reason for granting a right or freedom than "becuase freedom good"? Setting aside animus for a moment, most laws only need to have a 'rational basis' to be constitutional. This is an extremely low bar. (as it should be, most of the time) 'Freedom good' is a rational basis. In the case of Mississippi's 'religious freedom' law, the "freedom good' argument couldn't be enough because that freedom impacted other constitutional rights, which took it out of a rational basis analysis. In essence, 'freedom good' that applied only to certain sects and/or beliefs and also stripped constitutionally recognized rights from others didn't cut it. OwlFancier posted:Ah so presumably yes only for restricting rights/freedoms rather than granting them. Animus analysis wasn't necessary to strike down the Mississippi law, but MS's continued whinging to the 5th Circuit about losing was enough for the 5th to say basically, "Look. You lose and you're going to keep losing. Even if everything went your way and we just ignored the established Constitutional rights of everyone impacted by the law except for your little coterie of religious bigots, you'd still lose because the statute and your briefs are dripping with animus."
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Aug 15, 2016 17:51
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Tony Perkins house was destroyed by floods in LA. Had to escape by canoe quote:An opportunity for Christians to rejoice that God considers them “worthy of suffering for his sake.” And to “use this as an incredible, encouraging spiritual exercise to take you to the next level in your walk with an almighty and gracious God who does all things well.” https://soundcloud.com/family-research-council/20160816-tony-perkins
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Aug 17, 2016 18:35
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North Carolina filed its brief defending HB2 today:quote:The brief contains more than a few absurd statements. Here are some highlights of the most abhorrent. It’s worth noting that none of these are true: http://www.thenewcivilrightsmovement.com/rjmedwed/north_carolina_s_newest_brief_supporting_hb2_is_as_abhorrent_as_you_d_expect
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Aug 18, 2016 23:06
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I'm glad the brief set the tone with the bit that has been medically and scientifically shown to be wrong, it helps anyone that's undecided about taking it seriously.quote:Gender identity is nothing more than a “feeling” that people use to trick others. 
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Aug 18, 2016 23:13
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Guavanaut posted:I'm glad the brief set the tone with the bit that has been medically and scientifically shown to be wrong, it helps anyone that's undecided about taking it seriously. I think the saddest and funniest part is that they are actually being advised that this sort of argument will be taken seriously...
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Aug 18, 2016 23:15
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CommieGIR posted:North Carolina filed its brief defending HB2 today: Here it is: http://files.eqcf.org/cases/116-cv-00425-149/ The brief itself is 'only' 72 of the 518 pages.
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Aug 18, 2016 23:28
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Hobby Lobby apparently lets "tightly held" companies engage in sex discrimination, including against LGBTQ individuals.
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Aug 19, 2016 04:41
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CommieGIR posted:North Carolina filed its brief defending HB2 today: I cannot wait to see these clowns get destroyed in court.
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Aug 19, 2016 05:02
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ComradeCosmobot posted:Hobby Lobby apparently lets "tightly held" companies engage in sex discrimination, including against LGBTQ individuals. Good news is if this actually makes it back to the SCOTUS they will have the ability to flip hobby lobby.
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Aug 19, 2016 05:03
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ComradeCosmobot posted:Hobby Lobby apparently lets "tightly held" companies engage in sex discrimination, including against LGBTQ individuals. quote:Cox found that the EEOC’s solution, an employment discrimination lawsuit, is not the “least restrictive means” of furthering nondiscrimination in the workplace. Instead, Cox wrote that the EEOC and Rost should have attempted to work out a compromise—for instance, forcing Stephens to wear gender-neutral clothing at work to mask her transition.  The least restrictive means of furthering nondiscrimination in the workplace is for employees to quit whining about discriminatory treatment, then there's no problem!
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Aug 19, 2016 05:47
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ComradeCosmobot posted:Hobby Lobby apparently lets "tightly held" companies engage in sex discrimination, including against LGBTQ individuals. https://en.wikipedia.org/wiki/Sean_Cox "President George W. Bush nominated Cox to the federal bench on September 10, 2004 to fill a vacancy left by Judge Lawrence Zatkoff. Due to the opposition of Michigan Senators Carl Levin and Debbie Stabenow, Cox's nomination was not voted on until June 8, 2006, when he was confirmed by voice vote." I know the answer, let's vote for Gary Johnson!!!!!!!
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Aug 19, 2016 06:03
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Otteration posted:https://en.wikipedia.org/wiki/Sean_Cox https://www.youtube.com/watch?v=53XThNjW6pY
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Aug 19, 2016 06:07
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VitalSigns posted:
That'll almost certainly get flipped by the Circuit as per PwC v. Hopkins.
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Aug 19, 2016 17:47
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TinTower posted:That'll almost certainly get flipped by the Circuit as per PwC v. Hopkins. On the the other hand, Michigan is under the aegis of the Sixth Circuit, a.k.a. the reason that Obergefell was the case that went to SCOTUS.
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Aug 19, 2016 20:39
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I still feel that if someone is gonna use Hobby Lobby as part of their case they should have to show how they follow the rest of the their religious tenants.
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Aug 20, 2016 19:33
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AlexJade posted:I still feel that if someone is gonna use Hobby Lobby as part of their case they should have to show how they follow the rest of the their religious tenants. Sadly that's a really slippery road and would likely lead to testing if muslim women are really Muslim enough to wear a hijab or if jews are jewish enough to take off for High Holidays.
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Aug 21, 2016 03:59
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CommieGIR posted:North Carolina filed its brief defending HB2 today: "You see that, John. EVERY MAN WANTS TO DRESS UP AS A WOMAN AND PEEP ON KIDS. IT ISN'T JUST ME." These people would probably be the best episodes on to Catch a Predator if that show still existed because they seem so drat knowledgeable about this particular fantasy for some reason.
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Aug 21, 2016 04:16
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Crabtree posted:"You see that, John. EVERY MAN WANTS TO DRESS UP AS A WOMAN AND PEEP ON KIDS. IT ISN'T JUST ME." These people would probably be the best episodes on to Catch a Predator if that show still existed because they seem so drat knowledgeable about this particular fantasy for some reason. It isn't coincidence that half the pedophiles that get arrested in the South are associated with Church groups or Religious Youth groups 
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Aug 21, 2016 04:19
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A lot of right wing groups and sites seem to be citing a paper published in The New Atlantic, a scientific ethics journal associated with several right wing groups. It was co-authored by Paul McHugh of John Hopkins university, who argued that Transgenderism is a mental illness. http://www.thenewatlantis.com/publications/number-50-fall-2016 The guy seems to misuse the results of several other papers to make his argument, and even the authors of those studies have called him out on it. http://dailysignal.com/2016/08/22/almost-everything-the-media-tells-you-about-sexual-orientation-and-gender-identity-is-wrong/ http://www.huffingtonpost.com/brynn-tannehill/johns-hopkins-professor-e_b_9510808.html
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Aug 22, 2016 22:50
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Unsurprisingly, the author of that study, Lawrence Mayer, is heavily cited in NC's HB2 brief. There is a tendency of this happening, though; Cecilia Dhenje is on the record as being incredibly annoyed that her study on suicidality in trans people is being used to argue against trans rights devoid of the context of the paper. There are also worrying cottage industries dedicated to throwing scientific inquiry out of the window to conform to their authors' prejudices. Sexology has almost entirely gone that way. There's a similar cottage industry of TERF journalists embedded in British centre-left discourse. 
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Aug 23, 2016 00:25
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shadowvine118 posted:A lot of right wing groups and sites seem to be citing a paper published in The New Atlantic, a scientific ethics journal associated with several right wing groups. It was co-authored by Paul McHugh of John Hopkins university, who argued that Transgenderism is a mental illness. Paul McHugh is infamous. Johns Hopkins was at one time a leading edge institution in transgender health care. The earliest form of the male-to-female sex reassignment surgery was first documented there. He actively sought to be hired by Johns Hopkins to run their transgender care programs in order to destroy it from the inside. He's had the opinions he does since long before he had anything to do with transgender healthcare. It would be a bit like Tony Perkins taking a job as an auditor for Title IX compliance or something. He's an rear end in a top hat and anyone who cites him is an rear end in a top hat.
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Aug 23, 2016 02:06
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LeftistMuslimObama posted:Paul McHugh is infamous. Johns Hopkins was at one time a leading edge institution in transgender health care. The earliest form of the male-to-female sex reassignment surgery was first documented there. He actively sought to be hired by Johns Hopkins to run their transgender care programs in order to destroy it from the inside. He's had the opinions he does since long before he had anything to do with transgender healthcare. It would be a bit like Tony Perkins taking a job as an auditor for Title IX compliance or something. Is there a article on him about this that can be read ? That's insane.
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Aug 23, 2016 03:13
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Hollismason posted:Is there a article on him about this that can be read ? That's insane. https://thinkprogress.org/meet-the-doctor-social-conservatives-depend-on-to-justify-anti-transgender-hate-fe764009b93 https://www.glaad.org/cap/paul-mchugh http://transadvocate.com/clinging-to-a-dangerous-past-dr-paul-mchughs-selective-reading-of-transgender-medical-literature_n_13842.htm http://www.huffingtonpost.com/brynn-tannehill/johns-hopkins-professor-e_b_9510808.html http://www.advocate.com/commentary/2015/12/15/scary-science-johns-hopkins-university His continued employment is especially distressing to me because Johns Hopkins is one of my company's longstanding customers and we have met a gross amount of resistance from them and some others in trying to improve trans healthcare. It's really distressing, as a queer trans woman, to be on a conference call and hear actual medical practitioners giggle at the word "queer".
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Aug 23, 2016 03:18
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gently caress Wikileaks http://www.pinknews.co.uk/2016/08/23/wikileaks-outs-gay-people-in-saudi-arabia-in-reckless-mass-data-dump/
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Aug 23, 2016 23:58
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Nostalgia4Infinity posted:gently caress Wikileaks Jesus, they're not even loving trying to pretend to have standards. quote:Embattled WikiLeaks publisher Julian Assange, who has spent years hiding in London’s Ecuadorian Embassy, said previously: “The Saudi Cables lift the lid on an increasingly erratic and secretive dictatorship that has not only celebrated its 100th beheading this year, but which has also become a menace to its neighbours and itself.”
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Aug 24, 2016 00:50
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Keeshhound posted:Jesus, they're not even loving trying to pretend to have standards. Even worse he's acting like a hero for blowing the lid off a dictatorship.
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Aug 24, 2016 01:04
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No, but you see, it's the fault of vigilantes and dictators if people get hurt, you can't hold someone accountable for what they leak.  -- What people actually believe.
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Aug 24, 2016 01:47
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Keeshhound posted:Jesus, they're not even loving trying to pretend to have standards. Ms Manning might have some room to appeal for a less garbage sentence based on "no, seriously, I thought based on their existing record at the time that these people were responsible journalists, but hey, turns out they're lunatic assholes and that's hardly my fault". 
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Aug 24, 2016 02:09
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Pussy Cartel posted:No, but you see, it's the fault of vigilantes and dictators if people get hurt, you can't hold someone accountable for what they leak. Honestly, you could almost make a legitimate argument out of that. It'd be weak as hell, but it would at least be logically consistent if this leak actually produced anything good, but it's Saudi Arabia. Everyone already knows it's a repressive hellhole. This isn't news, Julian, you just outed a bunch of people for no loving benefit except to stroke your own ego. gently caress. I remember NPR did an interview with him where they asked him "No, seriously, did you get the DNC emails from the Russians?" and you could just hear the satisfaction in his voice as he simpered "We're not going to just give up our sources, we adhere to strict standards." Christ, what an rear end in a top hat.
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Aug 24, 2016 02:27
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It wasn't enough that he doxxed a ton of women voters in Turkey right after the coup, he just had to build on his stunning successes.
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Aug 24, 2016 02:55
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Nostalgia4Infinity posted:gently caress Wikileaks Hang Julian Assange until dead
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Aug 24, 2016 04:17
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Aesop Poprock posted:Hang Julian Assange until dead Zero Dark Thirty 2: Electric Killthefuckerloo Nostalgia4Infinity fucked around with this message at 04:29 on Aug 24, 2016 |
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Aug 24, 2016 04:25
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In shocking news, Julian Assange gains further traction on being a huge shitbag.
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Aug 24, 2016 09:45
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Aesop Poprock posted:Hang Julian Assange until dead
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Aug 24, 2016 19:39
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