Law signed by Schwarzenegger responsible for female homecoming King.
According to the Associated Press, a few weeks ago, Cinthia Covarrubias, who is described as a "girl who sometimes goes by the name of Tony" and who "dresses as a man and acts like a man most of the time" was allowed by Fresno high school to run for homecoming King.
Cinthia, or Tony from time-to-time, was granted the right to demand that she (he?) be allowed to run for homecoming king. Governor Schwarzenegger signed legislation giving her (him?) that right.
This legislation (SB 1234) made it illegal to discriminate against a person based on that person's "gender identity and gender related appearance and behavior whether or not stereotypically associated with the person's assigned sex at birth." In other words, it is discrimination if you do not treat a woman who claims to be a man like a man. Unless of course the woman is feeling like a woman that day, in which case you have to treat her like a woman. I guess in Cinthia's case (or Tony depending on what date it is) you need to check each day to determine what name to call her.
The legislation that Governor Schwarzenegger signed was a result of Westminster School District refusing to give into demands by State Schools Superintendent Jack O'Connell that WSD's discrimination policy include perceived gender. Mr. O'Connell claimed that state law mandated such a policy. The School District said it didn't, and O'Connell backed off, apparently after realizing that there was no law requiring Westminster to redefine gender. A few months later, however, legislation was passed that clearly defines discrimination as the failure to treat someone in conformity with their perceived gender.
I was WSD's attorney while they were challenging O'Connell on this issue. I was soundly criticized when I wrote an opinion article for the Orange County Register explaining that it would be illegal to prevent a male teacher from teaching in high heals and a dress if it is illegal to discriminate against a person based on their perception of their gender. The trustees at the time were pummeled in the media for asking simple questions such as what bathroom a person who gets to choose their own gender would use, or whether a boy who claims to be a girl could demand to play on a girl's sports team.
Unfortunately, a girl who likes to dress like a boy, but not always, demanding the right to run for homecoming king pretty much proves that these concerns were well founded.
Mark W. Bucher, Esq.
According to the Associated Press, a few weeks ago, Cinthia Covarrubias, who is described as a "girl who sometimes goes by the name of Tony" and who "dresses as a man and acts like a man most of the time" was allowed by Fresno high school to run for homecoming King.
Cinthia, or Tony from time-to-time, was granted the right to demand that she (he?) be allowed to run for homecoming king. Governor Schwarzenegger signed legislation giving her (him?) that right.
This legislation (SB 1234) made it illegal to discriminate against a person based on that person's "gender identity and gender related appearance and behavior whether or not stereotypically associated with the person's assigned sex at birth." In other words, it is discrimination if you do not treat a woman who claims to be a man like a man. Unless of course the woman is feeling like a woman that day, in which case you have to treat her like a woman. I guess in Cinthia's case (or Tony depending on what date it is) you need to check each day to determine what name to call her.
The legislation that Governor Schwarzenegger signed was a result of Westminster School District refusing to give into demands by State Schools Superintendent Jack O'Connell that WSD's discrimination policy include perceived gender. Mr. O'Connell claimed that state law mandated such a policy. The School District said it didn't, and O'Connell backed off, apparently after realizing that there was no law requiring Westminster to redefine gender. A few months later, however, legislation was passed that clearly defines discrimination as the failure to treat someone in conformity with their perceived gender.
I was WSD's attorney while they were challenging O'Connell on this issue. I was soundly criticized when I wrote an opinion article for the Orange County Register explaining that it would be illegal to prevent a male teacher from teaching in high heals and a dress if it is illegal to discriminate against a person based on their perception of their gender. The trustees at the time were pummeled in the media for asking simple questions such as what bathroom a person who gets to choose their own gender would use, or whether a boy who claims to be a girl could demand to play on a girl's sports team.
Unfortunately, a girl who likes to dress like a boy, but not always, demanding the right to run for homecoming king pretty much proves that these concerns were well founded.
Mark W. Bucher, Esq.
1 Comments:
Excellent post! Thanks for the info...
Post a Comment
<< Home