I think the point was that “biological sex” is a legal term, not a biological one. Hence the application of the law here, irregardless of what this kid’s actual situation is. It’s a demonstration of why this law is stupid, and what stupid things a school board has to do to remain compliant.
They’re almost certainly not grouping the kid with the girls out of spite, but to avoid being liable for not doing so if someone were to find out this kid is, according to the law, “biologically female”. The school has to protect itself from this liability, and thus we get this extreme example of the law being stupid.
If that was it, they could just have obtained a signed affidavit from the parents and perhaps their doctors that what is on the birth certificate was a mistake and that they are in the process of resolving it.
And liability from whom, the state government? Other parents? Law doesn’t exist in a vacuum, it has to be enforced and in cases like this is enforced in a court, the lawsuit would have to come from some place it is not realistically going to come form. The law might be stupid, but there are no shortage of stupid laws no one gives shit about “liability” because they are not enforced: https://go2tutors.com/14-forgotten-u-s-laws-that-still-technically-exist/
The law does not provide room for the birth certificate being mistaken I’m afraid.
And yes, there’s a chance the state could come after them, or some other parent or activist group could citing this law. Hence them attempting to shut down this potential liability. They can’t risk enforcement, so they won’t.
Gonna have to disagree on those chances (can’t help but notice the complete silence on the rest of the absurd laws on record with equally insignificant chances of getting prosecuted for that I linked for - too inconvenient to acknowledge?), and the law literally does, which is why the parents can get it corrected. It just takes time. The article literally states they are doing this.
Those other absurd laws aren’t remotely relevant, hence the lack of acknowledgement. Many are irrelevant or very old. There is a large movement in the US that seeks to demonize trans people in sports, and this law isn’t that old, so in the current political climate there’s definitely a non-zero chance it gets acted upon.
And that the law allows you to correct your birth certificate does not mean that the law assumes your future to-be-corrected certificate is currently legally valid. I’m sure they’ll get it resolved eventually, but at that moment the school felt they had to apply the law.
If that was it, they could just have obtained a signed affidavit from the parents and perhaps their doctors
A trans person could take advantage of the same mechanism, which is why it’s not allowed. They care more about hurting trans people than they worry about the few cis kids that fall through the cracks. This kid was just acceptable collateral damage in their culture war.
It is allowed. Doesn’t matter if the trans person takes advantage of the same mechanism, the difference would be they would be the ones liable for lying. That’s what an affidavit does, transfers and diminishes liability.
I think the point was that “biological sex” is a legal term, not a biological one. Hence the application of the law here, irregardless of what this kid’s actual situation is. It’s a demonstration of why this law is stupid, and what stupid things a school board has to do to remain compliant.
They’re almost certainly not grouping the kid with the girls out of spite, but to avoid being liable for not doing so if someone were to find out this kid is, according to the law, “biologically female”. The school has to protect itself from this liability, and thus we get this extreme example of the law being stupid.
If that was it, they could just have obtained a signed affidavit from the parents and perhaps their doctors that what is on the birth certificate was a mistake and that they are in the process of resolving it.
And liability from whom, the state government? Other parents? Law doesn’t exist in a vacuum, it has to be enforced and in cases like this is enforced in a court, the lawsuit would have to come from some place it is not realistically going to come form. The law might be stupid, but there are no shortage of stupid laws no one gives shit about “liability” because they are not enforced: https://go2tutors.com/14-forgotten-u-s-laws-that-still-technically-exist/
The law does not provide room for the birth certificate being mistaken I’m afraid.
And yes, there’s a chance the state could come after them, or some other parent or activist group could citing this law. Hence them attempting to shut down this potential liability. They can’t risk enforcement, so they won’t.
Gonna have to disagree on those chances (can’t help but notice the complete silence on the rest of the absurd laws on record with equally insignificant chances of getting prosecuted for that I linked for - too inconvenient to acknowledge?), and the law literally does, which is why the parents can get it corrected. It just takes time. The article literally states they are doing this.
Those other absurd laws aren’t remotely relevant, hence the lack of acknowledgement. Many are irrelevant or very old. There is a large movement in the US that seeks to demonize trans people in sports, and this law isn’t that old, so in the current political climate there’s definitely a non-zero chance it gets acted upon.
And that the law allows you to correct your birth certificate does not mean that the law assumes your future to-be-corrected certificate is currently legally valid. I’m sure they’ll get it resolved eventually, but at that moment the school felt they had to apply the law.
It definitely involves feelings.
A trans person could take advantage of the same mechanism, which is why it’s not allowed. They care more about hurting trans people than they worry about the few cis kids that fall through the cracks. This kid was just acceptable collateral damage in their culture war.
It is allowed. Doesn’t matter if the trans person takes advantage of the same mechanism, the difference would be they would be the ones liable for lying. That’s what an affidavit does, transfers and diminishes liability.