Posts Tagged ‘transgender’

Cato survey: “The State of Free Speech and Tolerance in America”

I’m a bit late getting to this major survey from my colleague Emily Ekins and associates. Some highlights good and bad:

* By 71% to 28%, Americans lean toward the view that political correctness silences discussions society ought to have, rather than the view that it is a constructive way to reduce the giving of offense;

* Liberals are much more likely than conservatives to say that they feel comfortable saying things they believe without fear that others will take offense.

* By a 4-to-1 margin Americans consider hate speech morally unacceptable, while by (only) a 3-to-2 margin they do not want the government to ban it.

* “47% of Republicans favor bans on building new mosques,” notwithstanding the First Amendment’s protection of free exercise of religion.

* “51% of Democrats support a law that requires Americans use transgender people’s preferred gender pronouns,” also notwithstanding the First Amendment.

* Upwards of 80% of liberals deem it “hateful or offensive” to state that illegal immigrants should be deported or that women should not serve in military combat, with 36% and 47% of conservatives agreeing respectively. “39% of conservatives believe it’s hate speech to say the police are racist, only 17% of liberals agree.”

And much more: on college speaker invitations, microaggressions, whether executives should be fired over controversial views, media bias, forced cake-baking, and the ease of being friends across partisan lines, among many other topics.

Schools roundup

  • Union contracts can result in truant-teacher syndrome [Larry Sand, City Journal]
  • “A Review of Department of Education Programs: Transgender Issues, Racial Quotas in School Discipline, and Campus Sexual Assault Mandates” [Linda Chavez et al., Regulatory Transparency Project]
  • Why is the FBI getting involved in college sports recruiting scandals? [Cato podcast with Ilya Shapiro]
  • School lobby in Pennsylvania, unable to defeat taxpayer advocates at ballot box, hopes to win in court instead [Matt Miller, PennLive on school finance suit]
  • “End Federal Pressure for Racial Quotas in Special Education” [Hans Bader, CEI]
  • Irvington, N.J.: “Student to get $6M after tripping, breaking arm in gym class” [AP/TribLive]

Pronoun prescription in Canada

“Few Canadians realize how seriously these statutes infringe upon freedom of speech. The Ontario Human Rights Commission has stated, in the context of equivalent provisions in the Ontario Human Rights Code, that ‘refusing to refer to a trans person by their chosen name and a personal pronoun that matches their gender identity … will likely be discrimination when it takes place in a social area covered by the Code, including employment, housing and services like education.'” [Bruce Pardy, National Post] We noted the New York City Human Rights Commission’s similar guidance last year.

Schools roundup

  • Georgia sheriff mass-frisks 900 students at a high school. Is that legal? [Scott Greenfield, Lowering the Bar]
  • Federal judge dismisses “clock boy” discrimination suit against Dallas-area school district [CBS News]
  • Ilya Shapiro on Gloucester County v. G.G., the transgender school bathroom Title IX case [Federalist Society]
  • Social worker on public reaction against Named Person program in Scotland: families “had wanted a single point of contact for parents,” but Scottish government instead created “point of contact about parents” [No2NP campaign, earlier]
  • “In places like New York City, schools have made it more difficult for principals to suspend disruptive or threatening students. The results? Increased violence, drug use, and gang activity, according to the Manhattan Institute’s Max Eden.” [Hans Bader/CEI, Eden paper, related on national policy]
  • Rethink your assumptions about Betsy DeVos’s appointees [Erica L. Green, New York Times] More on appointee Candice Jackson [George Leef, Martin Center, earlier]

Discrimination law roundup

  • Go figure: Trump executive order says “Hire American” even as federal law bans job discrimination in favor of American citizens [Jon Hyman]
  • Though ADA excludes “gender identity” claims, judge green-lights suit over gender dysphoria [P.J. D’Annunzio, Law.com]
  • “UC Berkeley Drops Free Online Videos In Response To Government Threat” [Jane Shaw/Heartland, and thanks for quote]
  • “Hostile work environment can be created with one racial slur, 2nd Circuit rules” [ABA Journal]
  • Connecticut’s CHRO attracts much higher per capita filings of workplace discrimination than comparable agency in Massachusetts, with complaints from incumbent employees a key growth area [Marc E. Fitch, Yankee Institute; Daniel Schwartz with somewhat different view]
  • Missed, from December: Philadelphia could close businesses deemed to discriminate [Tricia Nadolny, Philadelphia Daily News, related earlier]

At Cato: laws making ridesharing drivers wait, and the N.C. bathroom compromise

I’ve got two new pieces up at Cato at Liberty:

1) Following an outcry, Nevada lawmakers have dropped a plan to hobble ridesharing services like Lyft and Uber by requiring that their drivers wait at least 15 minutes before picking up a fare. The bill had been backed by a taxi union that donates heavily to lawmakers: all must be brought down to the level of the slowest in the name of a level playing field!

2) No one’s willing to come out and say that the North Carolina bathroom compromise signed yesterday by Gov. Roy Cooper is actually pretty good. But it is.

February 2 roundup

  • “Louisiana Police Chief: Resisting Arrest is Now a Hate Crime Under State Law” [C.J. Ciamarella, earlier on so-called Blue Lives Matter laws here, here, etc.]
  • Agency interpretive letters are the wrong way to enact new federal law [Ilya Shapiro and David McDonald on Cato amicus in school bathroom case, Gloucester County School Board v. G.G.]
  • “Thousands of business threatened by ADA lawsuits” [Justin Boggs, Scripps/NBC26]
  • “Reforming The Administrative State — And Reining It In” Hoover Institution panel with Adam White, Oren Cass, and Kevin Kosar, moderated by Yuval Levin [video, related Adam White paper, “Reforming Administrative Law to Reflect Administrative Reality”].
  • New Hampshire: “Wal-Mart told to pay pharmacist $16 million for gender bias” [Reuters]
  • Congress seldom has acted as if it believed strongly in D.C. home rule and it’s unlikely to start now [Ryan McDermott, Washington Times, thanks for quotes]

A federal school bathroom policy? Not so fast

The Obama administration has ambitiously asserted, as an application of Title IX, that schools nationwide must make available to transgender students the general bathroom facilities that correspond to their gender identity. To resolve a case now up for Supreme Court review, it is not necessary to reach the merits of this policy; the promulgation of the new policy by guidance letter, without advance notice, chance for public comment and other protections for regulated parties, is enough of a defect to strike it down. [Ilya Shapiro and David McDonald on Cato Institute amicus brief, with law professors Jonathan Adler, Richard Epstein, and Michael McConnell, supporting certiorari review in Gloucester County School Board v. G.G.]

[The Education Department] seeks to change federal law not through notice-and-comment rulemaking as required by the Administrative Procedure Act, but through an informal, unpublished letter written by a low-level bureaucrat. …We call on the Court to take this opportunity to overrule Auer and declare that the judiciary will no longer blindly accept self-serving agency interpretations, but make their own independent determinations based on a searching and reasoned reading of the regulations at issue. Should the Court choose not to overrule Auer, we suggest that—at minimum—it hold that only agency interpretations that have received the public scrutiny of notice-and-comment rulemaking merit judicial deference.

More on Auer deference here, etc.

Schools roundup

Schools roundup

  • Microaggression: you’re outta here. Smash vintage stained glass window on purpose: welcome back to Yale family [Inside Higher Ed, John McGinnis]
  • “Florida teenager threatens to sue after failing to make cheerleading squad” [New York Daily News]
  • “Did Chicago college fire professor because of his advanced age (illegal) or because he plagiarized 10,000 words in his textbook (legal)? Seventh Circuit: The evidence points to the latter.” [John Ross, Short Circuit]
  • Federal edicts on school discipline require educators to punish innocent, refrain from punishing guilty [Richmond Times-Dispatch editorial] Racial review of school discipline policy not working out well in St. Paul, Minn. [Katherine Kersten, The Federalist] De Blasio in NYC [Bob McManus, City Journal]
  • U.K.: head of lefty National Union of Students blames privatization of education for young people’s joining Islamic State [Nicola Woolcock, The Times]
  • “Does Title IX Prohibit Sexual Harassment in College, But Require It in Locker Rooms?” [Robby Soave, Reason]