Comment on Why do we need legal genders at all?
gastroglizzy@piefed.social 6 hours agoregardless of whether or not it’s true, that still constitutes gender discrimination.
Pretty sure you’re right about that. A person’s state of mind (or “mens rea” if you’re in the profession) is an often crucial component of criminal acts. If someone assaults someone because they think they’re Muslim, the fact that they’re actually Mexican doesn’t make it ok.
BUT, the other side to that is, say for example someone’s gender is male and their sex is female, but they present masculine. If they reveal their sex to someone, and that person discriminates against them for being a woman, how is the victim supposed to claim their protected status? If it’s not apparent not documented, it will be difficult to claim those protections in court.
I am also not a lawyer 🤷♀️
cecilkorik@piefed.ca 3 hours ago
Just spitballing here, but:
Maybe we need to turn this around, maybe we should consider defaulting to the assumption that people should not be able to discriminate against other people for any reason instead of just being protected against “certain” kinds of discrimination. If we are going to allow discrimination for certain reasons, maybe we should make those allowed forms of discrimination the ones that need to be spelled out explicitly. If you don’t have a good reason to discriminate against someone about something, maybe don’t discriminate them? Maybe that’s a bit outlandish, maybe I’m not thinking it through, I don’t know, but it seems reasonable enough to me.
Ghoelian@piefed.social 45 minutes ago
You’re getting into limiting free speech area there, im sure a lot of people would be very against something like that, however good the intentions may be.