Guest commentary: Pursuit of happiness applies to all
Dear King Obama:
Thank you so much for your recent edict on transgender rights to use the bathroom and locker room of their choice. Finally a king who understands that “pursuit of happiness” applies to all.
Which brings me to my issue. I suffer from vestiphobia. Yes, that’s right, a fear of clothing. It resembles a panic attack and at a moment’s notice I need to shed my clothes no matter where I am. Recent incidents include being on a plane, a local restaurant and jury duty.
What’s disturbing is the lack of understanding from the people around me. Really, with nudity everywhere, including network TV, one would assume it isn’t such an issue. And the police don’t have a sense of humor about it, either.
I am sure you could find somewhere in the ADA or Civil Rights Act or maybe even in the tax code that protects my “pursuit of happiness” and unburdens me from these anxiety laden clothes. Heck, even San Francisco changed its public nudity laws and bans it. If it’s not tolerated there, then where can I go?
Hi to the queen.
Pretty out there, but I’d bet we are not far away from something like this. What Obama did was to raise two issues. One was to address a legitimate need for transgenders to express themselves with the sex they identify with. The second issue was, without much discussion, declare a solution with no exceptions to the rule for a highly complex question. A venerable one size fits all proudly brought to you by the federal government.
To understand the potential implications, let’s look at the story of an Indianapolis city employee who has life threatening allergic reactions to paprika. After a near fatal mishap at work, the woman came up with a solution. She got, at her own expense, a guide dog. Much like a drug dog, it would alert her when paprika was in the area. The solution seemed perfect. Until another woman in the office disclosed she had an allergy to dogs. The perfect solution eventually turned into an $85,000 lawsuit settlement for Paprika Allergy.
The Department of Education issued its guideline in conjunction with the Justice Department.
What I noticed in reading it was that for implementation of inclusivity the word “must” was used. As in “A school may provide separate facilities on the basis of sex, but must allow transgender students access to such facilities consistent with their gender identity.” But to allow students who may not be comfortable with those locker and bathroom arrangements, the DOE only provided “A school may however make individual user options available to all students who voluntarily seek additional privacy.” The DOJ added, “The guidance does not require any student to use shared bathrooms or changing spaces, when, for example, there are other options available.”
“Must” versus “may” or “other options available” doesn’t seem compatible when considering the rights of conflicting opinions. What if there are no “other options available” or the school board decides “may” means we don’t have to do it. So does that student lose his or her right to privacy? It appears so.
The federal government will withhold money if this directive is not implemented as it relates to inclusivity. No mention of penalties if objecting students are not provided with private facilities. I am sensing a lot of lawsuits similar to the Dog Allergy and Paprika Allergy conundrum.
We are a nation founded on individual rights. But one person’s right can’t be another’s burden. And it can’t be “well, let’s just take care of the majority.” That’s why there is an ADA and Civil Rights Act. We have a right to free speech but you can’t yell “Fire” in a crowded theater when there isn’t a fire. So there are judicial limitations.
What has made our country a world leader has been its ability to attract a diversity of cultures and the spirit of individuality. This allows each person to aspire to his or her dreams and achieve fulfillment. So as this story unfolds, we need to keep in mind that each generation brings different social mores and new people from around the globe to the United States. I think most of us would agree everybody has the same rights.
Now we just have to convince the Obama administration.
Peter Cassella is a Ramona resident.