Author Topic: The Rise of Transfascism in the West  (Read 1868 times)

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Offline SpaceCadet

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Re: The Rise of Transfascism in the West
« Reply #60 on: October 10, 2017, 06:55:45 PM »
California Law: Calling Transgenders the Wrong Gender Pronoun Can Send You to Jail

KATHERINE RODRIGUEZ
10 Oct 2017

A newly signed law signed by California Gov. Jerry Brown last week states that health care workers who choose not to address transgender patients by their preferred pronouns could face fines or jail time.

The bill, which was signed into law Wednesday, is designed to protect transgender and LGBT individuals in hospitals, assisted living facilities, long-term care facilities, and retirement homes from discrimination and ensure their needs are met, such as letting them use the bathroom of their preferred gender.

“It shall be unlawful for a long-term care facility or facility staff to take any of the following actions wholly or partially on the basis of a person’s actual or perceived sexual orientation, gender identity, gender expression, or human immunodeficiency virus (HIV) status,” the bill reads.

The law states that health care workers who “willfully and repeatedly” fail to address transgender people by their “preferred name or pronouns” if they were “clearly informed of the preferred name or pronouns” would be in violation of the law.

According to the newly-signed law, violators could be punished with a fine “not to exceed one thousand dollars,” sent to prison “in the county jail for a period not to exceed one year,” or both.

State Sen. Scott Wiener (D-San Francisco), who introduced the bill to the California Senate in August, argued that people would not be criminally prosecuted despite the law’s wording.

“It’s just more scare tactics by people who oppose all LGBT civil rights and protections,” he said in a statement last month.

Wiener’s office claimed that the law “does not create any new criminal provisions,” but instead creates “new rights within an existing structure.”

Those who opposed the law, including Greg Burt of the California Family Council, criticized the measure when it was in its early stages for being a violation of free speech.

“How can you believe in free speech, but think the government can compel people to use certain pronouns when talking to others?” Burt told the California Assembly Judiciary Committee in August,  according to CBN News.

Source


Typical misleading right-wing scare tactics.  Criminal prosecution can only occur for criminal behavior, i.e. behavior that would put an elderly person at risk of serious harm.

From Politifact:
"We found groups such as Breitbart and Fox News crammed misleading information into short news headlines, greatly distorting the facts about the use of pronouns or leaving out key information that would have given a different impression.

But we also found an element of truth: Violations of the bill could, under limited circumstances, be treated as a misdemeanor with punishment of up to one year in jail and/or a $1,000 fine.

Courtney Joslin, a UC Davis law professor, said the bar for criminal prosecution would be extremely high.

"The bill is very, very clear that what is prohibited is the willful engagement and repeated engagement in discriminatory conduct against LGBT seniors. So, if someone makes a mistake or doesn’t know what a person’s gender identity is and uses the incorrect pronoun that is not a violation of the statute," Joslin said.

http://www.politifact.com/california/article/2017/sep/26/claims-mislead-about-california-bill-forcing-jail-/

Online hurricanehook

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Re: The Rise of Transfascism in the West
« Reply #61 on: October 10, 2017, 07:54:17 PM »
Typical misleading right-wing scare tactics.  Criminal prosecution can only occur for criminal behavior, i.e. behavior that would put an elderly person at risk of serious harm.

From Politifact:
"We found groups such as Breitbart and Fox News crammed misleading information into short news headlines, greatly distorting the facts about the use of pronouns or leaving out key information that would have given a different impression.

But we also found an element of truth: Violations of the bill could, under limited circumstances, be treated as a misdemeanor with punishment of up to one year in jail and/or a $1,000 fine.

Courtney Joslin, a UC Davis law professor, said the bar for criminal prosecution would be extremely high.

"The bill is very, very clear that what is prohibited is the willful engagement and repeated engagement in discriminatory conduct against LGBT seniors. So, if someone makes a mistake or doesn’t know what a person’s gender identity is and uses the incorrect pronoun that is not a violation of the statute," Joslin said.

http://www.politifact.com/california/article/2017/sep/26/claims-mislead-about-california-bill-forcing-jail-/


so spacey,

what part of the headline is incorrect?

by Politifact's own admission the headline is spot on.

"But we also found an element of truth: Violations of the bill could, under limited circumstances, be treated as a misdemeanor with punishment of up to one year in jail and/or a $1,000 fine."
Everything is on its way to somewhere. Everything.

Offline SpaceCadet

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Re: The Rise of Transfascism in the West
« Reply #62 on: October 10, 2017, 08:03:54 PM »
so spacey,

what part of the headline is incorrect?

by Politifact's own admission the headline is spot on.

"But we also found an element of truth: Violations of the bill could, under limited circumstances, be treated as a misdemeanor with punishment of up to one year in jail and/or a $1,000 fine."

"Criminal charges would only follow, she said, if the violation reached a level that was shown to cause the risk of death or serious physical harm, in accordance with state’s existing penalty structure for health and safety code violations at long-term care centers."

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Re: The Rise of Transfascism in the West
« Reply #63 on: October 10, 2017, 08:41:21 PM »
"Criminal charges would only follow, she said, if the violation reached a level that was shown to cause the risk of death or serious physical harm, in accordance with state’s existing penalty structure for health and safety code violations at long-term care centers."

so. the charges would then follow.
headline is correct.

Ps. how is calling a person by the wrong pronoun going to

"cause the risk of death or serious physical harm"?
Everything is on its way to somewhere. Everything.

Offline SpaceCadet

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Re: The Rise of Transfascism in the West
« Reply #64 on: October 10, 2017, 09:28:10 PM »
so. the charges would then follow.
headline is correct.

Ps. how is calling a person by the wrong pronoun going to

"cause the risk of death or serious physical harm"?

Not by accident, or even by what could be termed light emotional abuse (bullying).

Outing someone can be very dangerous in our society, moreso since the election.

Emotional abuse can drive a fragile person to suicide, also more likely since the election.

Offline SpaceCadet

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Re: The Rise of Transfascism in the West
« Reply #65 on: October 10, 2017, 11:39:09 PM »
so. the charges would then follow.
headline is correct.

Ps. how is calling a person by the wrong pronoun going to

"cause the risk of death or serious physical harm"?

"The measure, known as the LGBT Senior Bill of Rights, or Senate Bill 219, would ban the facilities from denying admission, transferring or evicting a resident on the basis of their sexual orientation, gender, gender identity, gender expression or HIV status."

It's not just about using the wrong pronoun.