A move by the Florida Department of Highway Safety and Motor Vehicles could present a long-awaited test case on transgender identity. The Department is reportedly moving to bar people from listing their transgender identity for their gender on Florida driver’s licenses. The rule could be challenged and force a court to rule on the constitutional protections afforded to sexual identity.
Robert Kynoch, deputy executive director of the Florida Department of Highway Safety and Motor Vehicles, reportedly announced that the Department will repeal a clause in the Driver License Operations Manual that allowed people to list a gender of their choosing on their licenses.
The Department will maintain that it does not have the authority to allow a gender identity other than their biological gender. He explained that “gender” under state law “does not refer to a person’s internal sense of his or her gender role or identification, but has historically and commonly been understood as a synonym for ‘sex,’ which is determined by innate and immutable biological and genetic characteristics.”
He further stated that “[p]ermitting an individual to alter his or her license to reflect an internal sense of gender role or identity, which is neither immutable nor objectively verifiable, undermines the purpose of an identification record and can frustrate the state’s ability to enforce its laws.”
That could create a conflict with any local and state laws allowing a change on birth certificates.
In the United Kingdom, legislators are facing an analogous issue. Labor Party MP Charlotte Nichols has called for the Parliament to amend the Gender Recognition Act of 2004 to allow posthumous changes to gender. In other words, instead of changing driver’s licenses, they would change death certificates.
The impetus for the legislation was the death of Brianno Ghey, a transgender person murdered in a suspected hate crime. Ghey was also a social media influencer.
The Florida policy is likely to be challenged. Even if challenged under state law, it is likely to raise the question of the constitutional protections that must be accorded gender identity. If so, it has the makings of a case with broader implications.
It is really rare to see a liberal/leftist agenda that doesn’t have some grain of truth at the heart of it. I mean, the grain will be manipulated beyond all reasonable recognition, but still, there was something there originally, like racial injustice, ecological damage, run-away capitalism, – something. But with all this gender crap there is nothing, and there never was. It is a complete mental fabrication. There are no little trans kids. People may not like how they were born, male or female, but that is simply who they are, and no amount of wigs, false boobs, cross-dressing, hormones, or surgery is going to change it. Period.
Floyd, the left does not work even if what you claim is wrong.
Say that everything is maleable – then nothing is fixed, everything is chaos, no order is possible.
The entire purpose of the social contract – society, government is to impose sufficient order that we can survive and thrive.
To prevent us from murdering each other.
To allow us to improve our lives and to retain that improvement.
We limit government so that we have the largest possible domain from liberty.
But we limit freedom – because chaos an anarchy leave us less free not more.
The fundimental issue here is not what your drivers license says, or what clothes you wear or what surgery you have.
It is the boundaries between government order and individual freedom.
Your drivers license – your relationship with the state is NOT about how you identify yourself.
It is about how others identify you.
There is no provision on our drivers license for mood.
I agree with you. Mental illness is NOT defined by the allegedly mentally ill person. Mental illness is defined by society. I am certain that many psychopaths think there is nothing wrong with them. Just like the transfolk think there is nothing mentally wrong with them. Body dysmorphia is not just a sex thing – some sufferers think they are amputees, even though they have all their limbs. Others are skinny as Ethiopians, but think they are overweight. The difference is, doctors from the Joseph Mengele School of Medicine are not out there “affirming” them, and whacking off limbs, or giving them lard injections. But since the SCOTUS legitimized gay marriage, there are no more normative sexual standards, and most people are afraid to confront The Narrative. Kudos to Florida!
The law dictates that height be listed in feet and inches, weight in pounds, birthdate according to the Gregorian calendar. There is no precedent for personal preference in these aids to identification and no justification for changing things.
The domain of the law is the objective, it is order.
If something is subjective, if you are free to choose it as your mood strikes – then it does not belong in the law or on your drivers license.
Specifiy a persons chromosomes, just like their hair and eye color, weight and height.
You are free to “identify” yourself differently, you are NOT free to control how others identify you.
Allowing those who are mentally confused to advertise such is not illegal in the broadest sense, but having the state or any government agency abet that insanity is not OK. They would be condoning the false notion that you can change your gender etc. The first amendment does not require the government to support your personal mental issue, only to allow a person to display that insanity.
Sex is a biological conception: male and female. Gender is sex-correlated attributes (e.g. sexual orientation): masculine and feminine, respectively. Trans- refers to a state or process of divergence.
Attention SCOTUS: In the Emergency Department one can take one’s gender and shove it!!
https://epmonthly.com/article/why-gender-specific-medicine-matters-in-the-emergency-department/
First “Gender Identify” is a made up term. By shear biology a human does not determine their own gender, anatomy and chromosomes make that determination. The insane notion one can “choose” a gender has been started by what I would call mad scientist in the medical field. You have but 2 options on a government issued ID in reality, Male or Female, end of argument.
Identifications are intended to be used by people to prove who they are and by authorities to accurately identify and distinguish one person from another. They should only include physical characteristics that facilitate that – name, height, weight, photograph, fingerprint, sex, etc. We do not allow people to put whatever name they like on their IDs, just their legal name. To change it means going to court. We should not allow them to put whatever gender they want. If a male Chris Smith has a warrant, he gets a new license identifying him as female and then claims “The person named in the warrant isn’t me, I’m a girl.” Call yourself what you want but your ID should reflect reality.
Blame many in the medical profession and licensing associations who are driving these policies of multiple genders, and DEI in medical schools. Then there is just plain old pure graft and greed. Why push people to psychological care and psychiatric care which is a non-winner in many medical groups and hospitals. Much of the time these services are independently contracted because they require much support and staff and significant resources to run an office yet their reimbursement rate is poor, very poor, compared to medical and surgical services.
Voila , the push to transgender care suddenly requires transfer to different drugs (far more expensive and significant markup) and surgical care (and tremendous rise in payments per service) and suddenly a loss leader becomes, well, a real economic leader. What matter that you mutilate a few kids of drive them further nuts with hormone blockers or enhancers, when your bottom line is much improved.
Being a physician and on Clinic Boards over 3 decades and Hospital Boards I can tell you this happens.
I believe one of the gender affirming physicians in Tennessee associated with a reputable medical school was caught pitching the financial benefits of a gender affirming clinic.
Never underestimate the power of the dollar even in an ethical institution.
Do Republicans support constitutional due process when it expands gun rights? It’s a constitutional process using the court system, where past (constitutional) court rulings guide future courts to expand gun rights.
Most real Conservatives support this centuries old constitutional system. It’s basically the premise that all Americans can have maximum freedoms with minimal government regulation – as long as one American doesn’t violate the rights of another American.
LGBTQ rights used exactly the same conservative constitutional due process as expanding gun rights. LGBTQ rights were enacted by one of the most Conservative U.S. Supreme Courts in American history.
When we weaken this conservative constitutional process, it also weakens and endangers your future gun rights. Republicans once supported small limited non-intrusive government (unlike Florida) to stay out of other people’s business!
LOL. You do not have a constitutional right to lie on government documents. Process that.
Officials in the George W. Bush administration routinely lied on government documents including the FISA Act warrant requests.
FISA was enacted in the 1970’s to counter the abuses of Richard Nixon. FISA was designed precisely to restrain presidents and was the exclusive legal path (one & only) that presidents were required to follow – to avoid committing a felony crime.
The FISA Court even created an “After-The-Fact” search warrant for emergency situations. A Bush official could perform a warrantless-search (due to exigent circumstances) then do the paperwork afterwards.
Even with the new unconstitutional-warrant, Bush officials broke the law anyway, never filling out the warrant application to the FISA Court – a felony crime in itself. In over 20 years there has never been a legitimate emergency to use this type warrant.
Bush officials routinely lied on government documents in violation of federal criminal law.
If we think we have issues with cops harassing innocent people just wait until everyone becomes a suspect despite what DNA left at the crime scene says.
Can we also choose our race and height on our license?
Government issued ID is not a vehicle for self delusion or actualization.
Officials in the George W. Bush administration routinely lied on government documents including the FISA Act warrant requests.
No, that was the 0bama administration.
For edification purposes, can you please provide the exact portion of the Constitution that applies to forms of identification?
“Arms” and “due process” are specifically addressed in the Constitution. The latter is mentioned in the context of “nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” How is identification ‘weakening this conservative constitution process’ if there is no mention of it? Especially, given the 10th Amendment, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
Poppycock!
2cnd ammendment rights have never been expanded, only re-instated.
Do Republicans support constitutional due process when it expands gun rights?
No, we do not. Republicans do not support any conception of the world that includes courts amending the constitution. Article V says how the constitution can be amended, and the process doesn’t include courts.
Due process is a concept in criminal law, not in constitutional law. So there is no such thing as “constitutional due process”. And no court can expand or contract any right. Not rights created by the constitution, and certainly not rights that long predate the constitution. As the courts have acknowledged, the right to keep and bear arms is a fundamental human right, one of those with which the Declaration of Independence says all human beings, everywhere, are endowed by their Creator, and the constitution merely protects it against the federal and (via the 14th amendment) state governments.
Neither Heller nor Bruen expanded this right. The right is the same now as it was in 1788, in 1588, and in 1588 BCE. These decisions merely declared what was already true, and put governments across the USA on notice that the courts intended to enforce it.
There is nothing new about either decision. They are welcome only because for a period of several decades the SCOTUS had refused to consider any cases about this right, and in the interim certain lower courts had come up with strange doctrines, never heard of before and never endorsed by SCOTUS, such as the idea that RKBA is not an individual right. This is something invented in the 1970s out of whole cloth, and SCOTUS had never endorsed it, but it had allowed it to develop without comment, so it was welcome when it finally got up the guts to knock it on the head.
If police work were to be done in the manner of Joe Biden’s defense policy what we would do is announce where the cops are going to be on any given time, allow the drivers or other criminals to avoid such places and then pretend to hand out WARNINGS to those criminals that weren’t quick enough to move to a different crime scene.
We can call this new paradigm of police work promulgated under a new act of the Dems in Congress the Joe Biden’s Iranian Crime Reduction Act. Then Joe Scarborough can have Joe and Jill on to tell America what they have done for the protection of safety on our streets.
Believe the DNA
I don’t have to believe your insanity!
What’s the real purpose of listing gender on a driver’s license in the first place?
Likely to protect police officers. Is the appearance of the driver male or female? Along with height, weight, hair color and eye color. The officer can quickly determine if this is the legally licensed driver or a criminal.
So if a transgender driver appears male or female, shouldn’t Florida do the opposite policy to protect police officers? Biological gender plays no role in protecting police officers – what is the current appearance of the driver? Or is this just a mean-spirited interpretation exploiting religious doctrine?
Florida’s law has nothing to do with protecting police officers or public safety.
Democrats are fascists who wish to deliver a kafkaesque world where up is down, man is woman, right is wrong, etc
Time to defund the central power of the Uniparty, cut 50% of federal spending, end all federal money for colleges, cities, states, non-profits where anyone gets $100k+
DEFUND the POWER!
I don’t know who’s driving the train of destruction for this nation but they’re doing one hell of a job.
Now the senate proposes a bill to curtail illegal aliens entry, when they refuse to enforce the laws already on the books.
Professor Turley raises the issue of constitutional protections for gender identity. The fact that he raises this issue in all seriousness just demonstrates how insane our society has become. Gender dysphoria is a form of mental illness, and everyone understood this not very long ago. I have sympathy for those who truly suffer from this mental illness. We should treat these people with kindness and understanding, but we should not surrender to insanity. Their family and friends may decide to go along with the delusion and treat them as if they had truly changed their genders, but no one should be legally obligated to do so. Reality does not change just because we wish it so. And I do not think the big push to recognize imaginary gender identities arose out of compassion for the people who suffer from gender dysphoria. There are millions (and probably billions) of dollars involved in “transitioning.” I think it is reasonable to believe that a lot of this money is finding its way into the hands of the politicians and activists who profess to care so much.
Me Tarzan you Jane
Exactly where does the Constitution offer such protection?
In the time of the Founders clear up until the outbreak of such nonsense….nature, biology, law, and pure commonsense confirmed the fact there are two of us….Male and Female.
Prior to that….all of recorded history confirmed that notion.
https://thecomicscomic.com/wp-content/uploads/2015/07/bloom-county-underwear.jpg
The issues are clear. Should society writ large be legally compelled to support an individual’s gender dysphoria, confusion, delusion, fetish or kink? Should an individuals gender delusions trump objective reality? Should acceptance be replaced by legally required enablement and celebration? Is this just one more step in the disillusionment of gender reality? Will the next step be a legal requirement to tell a person suffering from anorexia how much you admire their emaciated look? Will we be legally required to add the reality limiting modifier “cis” to our understanding of gender reality. Will men, once again, be in a position to tell women who and what they are?
I think it’s well past time to say stop! Stop this gender idiocy, and return to gender reality
This is simple
Post operation to change genitalia, can then petition to issue an updated birth certificate. Permanently attached to the the originating birth certificate. Search by either name, gets you the historical tracking of the persons changes.
Make all of this fully public and transparent. I see no reason for a transient document like drivers license to make any special note.
The number of people involved is so small its no big deal.
“This is simple”
Add a Photo or replace the Facial Recognition Photo with a Photo Recognition of the Individuals genitalia.
Hillary Clinton initiated the P.I.N. system (Penis Identification Network) shortly after her husband Bill was caught with Monica.
The system is deployed around the US along the major Highway routes, at Rest Stops and Fuel Stations (Pilot Flying J, Loves, Travel Centers, Truck Stops, …)
A High Def Infra and Spectral Camera snaps a crotch-shot of the Individuals genitalia when using the facilities. The Cameras are mounted in the Flush Valve “sensor”
(Slaon, Zurn, Toto, American Standard, … Flush Valves ect.) normally mounted on the Urinals. Deer Hunters (2-Legged) have become aware of this and have resorted to Camouflage Briefs that make fool the Cameras and make Objects Appear Bigger than they are. Check with your Cabela’s or Bass Fish House for further infomation.
China, Iran, et,al., are having a good laugh these days, watching the decline of the West
I don’t think they are laughing. They are rubbing their hands in anticipation of the takeover they are plotting together. They are sending tens of thousands–maybe hundreds of thousands– of “activists” across our Southern border. They are poisoning our youth with drugs. They are buying our choice farmland. They are devaluing our currency. They are bribing our politicians and then blackmailing them. They are corrupting our elections and installing their ‘friends”. They are stealing our technology. They are breaking down our families and our moral fibre, strand by strand. They soon will “pack” the Supreme Court and when enough States turn “Blue” they will amend the Constitution to allow the United Nations veto power over any US law. The “fundamental transformation” started by FDR and openly declared by Barack Obama will be complete.
“Holy ‘I am because of how I feel that I am’, Batman!”
Drivers license is used to identify persons so they get proper care after a crash, not to support the person’s psychology of their personal identity. !!
A good thing is worth repeating…..https://epmonthly.com/article/why-gender-specific-medicine-matters-in-the-emergency-department/