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California: Possible Jail Time For Misgendering?

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The East Marches II
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Postby The East Marches II » Thu Aug 17, 2017 1:38 pm

Seangoli wrote:
The East Marches II wrote:
With the fine folks on the identity left, I do not doubt this will make it into the mainstream. Its not laughable, its what will happen. Just because you happen to be blind to the matter doesn't mean the rest of us are. Some poor fucker is going to have to fight a lawsuit and spend money to get this taken to the Supreme Court when it spreads.


Just like we took yer guns away, amirite?


Just like you'd like to try :^)

But hey keep it up! I'm sure you'll win the Midwest back with this sort of stuff!

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Vassenor
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Postby Vassenor » Thu Aug 17, 2017 1:38 pm

Herskerstad wrote:Never going to survive a supreme court review.


So when is harassment going to be decriminalised then?
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Herador
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Postby Herador » Thu Aug 17, 2017 1:39 pm

The East Marches II wrote:
Seangoli wrote:
Just like we took yer guns away, amirite?


Just like you'd like to try :^)

But hey keep it up! I'm sure you'll win the Midwest back with this sort of stuff!

It took this thread a whole page to get off topic.
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The Derpy Democratic Republic Of Herp
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Postby The Derpy Democratic Republic Of Herp » Thu Aug 17, 2017 1:39 pm

This law is limited in effect, and doesn't really matter one way or the other.

However, I don't think this law should be implemented on the fact of it's redundant. Harassment laws are already things, so why pass a whole new law when that charge already exists?


Germanic Templars wrote:If it should pass into law, it will be labeled unconstitutional, taken to court, and die.


How?

Torsiedelle wrote:
The bill SB219, a mouthful titled "Lesbian, Gay, Bisexual, and Transgender Long-Term Care Facility Resident's Bill of Rights", was proposed just recently after a similar bill took effect all across Canada, America's hat, states that



Are you talking about the Ontario law that did something like this for teens?

Because: Ontario is not all of Canada, this groups mentioned in the bills are completely different in age range, and the laws them self's are put in for different reasons.
Last edited by The Derpy Democratic Republic Of Herp on Thu Aug 17, 2017 1:43 pm, edited 1 time in total.

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Germanic Templars
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Postby Germanic Templars » Thu Aug 17, 2017 1:39 pm

Telconi wrote:Compelled speech is not free speech.


/thread

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Telconi
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Postby Telconi » Thu Aug 17, 2017 1:39 pm

Seangoli wrote:
The East Marches II wrote:
With the fine folks on the identity left, I do not doubt this will make it into the mainstream. Its not laughable, its what will happen. Just because you happen to be blind to the matter doesn't mean the rest of us are. Some poor fucker is going to have to fight a lawsuit and spend money to get this taken to the Supreme Court when it spreads.


Just like we took yer guns away, amirite?


Yup

https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB1135
Last edited by Telconi on Thu Aug 17, 2017 1:42 pm, edited 2 times in total.
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The East Marches II
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Postby The East Marches II » Thu Aug 17, 2017 1:39 pm

Herador wrote:
The East Marches II wrote:
Just like you'd like to try :^)

But hey keep it up! I'm sure you'll win the Midwest back with this sort of stuff!

It took this thread a whole page to get off topic.


Are you surprised? Are you really?

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Aellex
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Postby Aellex » Thu Aug 17, 2017 1:40 pm

Vassenor wrote:
Herskerstad wrote:Never going to survive a supreme court review.


So when is harassment going to be decriminalised then?

>not referring to someone by the pronouns they want to
>"""""""""""""harassment""""""""""""""""
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Herador
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Postby Herador » Thu Aug 17, 2017 1:40 pm

The East Marches II wrote:
Herador wrote:It took this thread a whole page to get off topic.


Are you surprised? Are you really?

Not in the slightest.

Aellex wrote:
Vassenor wrote:
So when is harassment going to be decriminalised then?

>not referring to someone by the pronouns they want to
>"""""""""""""harassment""""""""""""""""
Wew lad.

>meme arrows
>again
sure is fucking summer in here
Last edited by Herador on Thu Aug 17, 2017 1:41 pm, edited 1 time in total.
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Cinnabarra
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Postby Cinnabarra » Thu Aug 17, 2017 1:40 pm

Assuming the bill is passed, first you'd have to repeatedly and willingly misgender someone and the offended person would have to go to the court over it. Even if this happens I guess even an average lawyer will argue that jail time isn't necessary. As for the meaning of the bill, well, it's not even worth complaining about it anymore. This is a widely accepted view in some states, it seems, and there's nothing we can do about it.

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Grand Britannia
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Postby Grand Britannia » Thu Aug 17, 2017 1:42 pm

Herador wrote:
Grand Britannia wrote:
>Pointing out to something I had already said is back tracking

lmao

Also it's unconstitutional because of the first amendment.

>meme arrows

Sure.

" forcing people to magically know the made up gender someone assigns to themselves"
Quote is yours, unless you were shitposting I have no reason to assume you didn't just write a kneejerk reaction and are backtracking to just the first thing now. Like I said, it's cool do you man.


So was the rest of the post I wrote, which apparently makes me referring to something I've already mentioned as back tracking instead of referencing.

But hey, NSG is only good at mental gymnastics and shitty reddit tier bait so I can't say I'm surprised ¯\_(ツ)_/¯
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Germanic Templars
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Postby Germanic Templars » Thu Aug 17, 2017 1:42 pm

Vassenor wrote:
Herskerstad wrote:Never going to survive a supreme court review.


So when is harassment going to be decriminalised then?


Personal beliefs are harassment then?

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Lexicor
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Postby Lexicor » Thu Aug 17, 2017 1:43 pm

Compelled speech is a violation of the First Amendment. This crap might've survived in Canada because of the "reasonable limits" clause in our Constitution but it will never pass through the court system in the United States. I look forward to a comfy 9-0/8-1 ruling that renders this law null and void.
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Grand Britannia
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Postby Grand Britannia » Thu Aug 17, 2017 1:44 pm

Lexicor wrote:Compelled speech is a violation of the First Amendment. This crap might've survived in Canada because of the "reasonable limits" clause in our Constitution but it will never pass through the court system in the United States. I look forward to a comfy 9-0/8-1 ruling that renders this law null and void.

Thank you.

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Fartsniffage
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Postby Fartsniffage » Thu Aug 17, 2017 1:44 pm

Germanic Templars wrote:
Vassenor wrote:
So when is harassment going to be decriminalised then?


Personal beliefs are harassment then?


They certainly can be.

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Salus Maior
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Postby Salus Maior » Thu Aug 17, 2017 1:44 pm

Well this is just ridiculous.
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Germanic Templars
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Postby Germanic Templars » Thu Aug 17, 2017 1:45 pm

Fartsniffage wrote:
Germanic Templars wrote:
Personal beliefs are harassment then?


They certainly can be.


Then you are no different than those nations that suppress free speech with things such like blasphemy laws.
Last edited by Germanic Templars on Thu Aug 17, 2017 1:45 pm, edited 1 time in total.

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Vassenor
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Postby Vassenor » Thu Aug 17, 2017 1:47 pm

Aellex wrote:
Vassenor wrote:
So when is harassment going to be decriminalised then?

>not referring to someone by the pronouns they want to
>"""""""""""""harassment""""""""""""""""
Wew lad.


>wilful and repeated

>not harassment

#kek
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Washington Resistance Army
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Postby Washington Resistance Army » Thu Aug 17, 2017 1:48 pm

The East Marches II wrote:
Seangoli wrote:
Which is not at all what the bill does, states, or intends. Hell, it's not even intended for the wider public.

It actually clearly states that its only for long-term care providers, and it also only applies in situations where said provider has clearly been told by the individual they are caring for what their preferred pronoun is.

Now, if you still have issue, then take issue with what the fucking bill does, and not what the misleading title says. There is no ambiguity in what a person is to be called under the law, and it does not apply to random people on the streets.


"It will only apply in this limited context"

"This will never escape that one scenario"

Yeah, yeah I'm sure. Canada style speech restrictions belong in the trash. If there is an issue with an employee doing that, they can be fired for violating misconduct rules. No need for Johnny Law to step in here other than an attempt to set a precedent for this sort of nonsense.


This^
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Lexicor
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Postby Lexicor » Thu Aug 17, 2017 1:49 pm

Vassenor wrote:
Aellex wrote:>not referring to someone by the pronouns they want to
>"""""""""""""harassment""""""""""""""""
Wew lad.


>wilful and repeated

>not harassment

#kek


>tfw to intelligent
>using a hashtag with maymay arrows
>this is why people say the left can't meme laddie
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"As hours worked by an individual approaches zero, the probability of engagement in political activism approaches one."
"As an online discussion grows longer, the probability of the mention of inter-sectional group identities approaches one."

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Seangoli
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Postby Seangoli » Thu Aug 17, 2017 1:50 pm

Cinnabarra wrote:Assuming the bill is passed, first you'd have to repeatedly and willingly misgender someone and the offended person would have to go to the court over it. Even if this happens I guess even an average lawyer will argue that jail time isn't necessary. As for the meaning of the bill, well, it's not even worth complaining about it anymore. This is a widely accepted view in some states, it seems, and there's nothing we can do about it.


Not quite.

If the bill is passed, first you must be providing another person with long-term assisted care, and be legally responsible for their well-being due to, you know, being a long term care provider. Then, you would have to repeatedly misgender someone knowlingly and willingly. The first part is what people are missing. This applies to people who have an actual legal obligation towards the care of the individual.

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Vassenor
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Postby Vassenor » Thu Aug 17, 2017 1:50 pm

Lexicor wrote:
Vassenor wrote:
>wilful and repeated

>not harassment

#kek


>tfw to intelligent
>using a hashtag with maymay arrows
>this is why people say the left can't meme laddie


Well then perhaps you can explain how wilful and repeated abuse is not harassment.
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Aellex
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Postby Aellex » Thu Aug 17, 2017 1:50 pm

Vassenor wrote:>wilful and repeated

>not harassment

#kek

If I willfully and repeatedly refer to someone by his full name rather than his diminutive or nickname, am I "harassing" him? Because that's essentially what you're claiming here.
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Seangoli
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Postby Seangoli » Thu Aug 17, 2017 1:51 pm

Aellex wrote:
Vassenor wrote:>wilful and repeated

>not harassment

#kek

If I willfully and repeatedly refer to someone by his full name rather than his diminutive or nickname, am I "harassing" him? Because that's essentially what you're claiming here.


First, yes. It is harassment. Now whether it is criminal harassment is a different story.

Second, are you a long-term care provider who has a legal obligation towards the well being of your client?
Last edited by Seangoli on Thu Aug 17, 2017 1:52 pm, edited 1 time in total.

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Herador
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Postby Herador » Thu Aug 17, 2017 1:53 pm

Aellex wrote:
Vassenor wrote:>wilful and repeated

>not harassment

#kek

If I willfully and repeatedly refer to someone by his full name rather than his diminutive or nickname, am I "harassing" him? Because that's essentially what you're claiming here.

One has complicated identity issues behind it, the other is because your name is too long and people want to say something shorter.

Even if you're against the law, and I do understand your reasoning there and to a degree sympathize, that line of reasoning has to seem at least a little off to you.
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