N.Y. Times Magazine Reveals Internal Conflicts On The Left With Skrmetti
As the saying goes, success has many parents, but failure is an orphan. Such is Skrmetti. Barely twenty-four hours after the landmark decision, the New York Times Magazine published a lengthy profile of the case. I would encourage you to read the entire piece. We often think of the political left as some sort of monolithic and coherent institution of group think. But this article reveals many fractures on the left, some of which I suspected, but had no first-hand knowledge.
First, the article speaks to how quickly the national conversation changed around transgender rights. During the lead-up to Windsor and Obergefell, I often remarked how effective the social movement was for gay marriage. The argument was simple: allowing this couple to marry will in no way affect traditional marriage. Even the phrase marriage equality was so easy to grasp! I don’t think things were so simple, but the messaging was effective. Moreover, the movement took decades to develop. People had time to accept the argument on their own terms.
However, the argument for transgender rights felt much different. Most Americans had no clue what “cisgender” or “gender affirmative care” meant. Yet, if people refused to uses these neologisms, they were cancelled and deemed bigots. And, unlike with gay marriage, the transgender movement necessarily required others to make changes. People would have to accept transgender athletes in female sports. Women who had privacy concerns about bathrooms would have to just suck it up. And that was before doctors started telling parents they could either have a dead daughter or a live son, coupled with school districts that deceived parents. All of this seemingly happened in a few years. Trump had so much influence in averting this movement.
Second, Bostock was a case about LGB as well as T, but the T only followed from the (wrong) textualist argument that Justice Gorsuch convinced himself of. And the Times articles reveals how the advocates, including Chase Strangio of the ACLU, tried to bamboozle Gorsuch directly:
Indeed, as Strangio recounted in an interview later that year, the lawyers had spent months workshopping just such a path to victory, ultimately landing on a simple argument: All the justices needed to accept was that Stephens would not have been fired for asking to wear women’s clothing at work if her sex was female.
“So, fine,” Strangio explained. “Say it’s assigned sex at birth, say it’s whatever you want — but it’s because of sex.” At oral argument, another A.C.L.U. lawyer reassured Gorsuch, who was considered the key vote, that protecting trans people would not lead to social upheaval — assurances that Strangio privately chafed at but that he recognized as tactically effective. “We wanted them to apply the law,” Strangio said. “And we wanted them, particularly Gorsuch, to believe that it wasn’t a big deal.”
But Strangio–who sees the Supreme C
Article from Reason.com
The Reason Magazine website is a go-to destination for libertarians seeking cogent analysis, investigative reporting, and thought-provoking commentary. Championing the principles of individual freedom, limited government, and free markets, the site offers a diverse range of articles, videos, and podcasts that challenge conventional wisdom and advocate for libertarian solutions. Whether you’re interested in politics, culture, or technology, Reason provides a unique lens that prioritizes liberty and rational discourse. It’s an essential resource for those who value critical thinking and nuanced debate in the pursuit of a freer society.
