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@oromagi
The government is expressly prohibited from ever deciding what people can do based on belief system and stop hiding behind belief systems. If your belief system requires you to tell gay people they're going to hell or to be unkindly honest to elderly people entrusted to your care, then it is time to double-check your belief system; it need not waste the government's time. There is no sympathetic circumstance by which a service provider would repeatedly misgender after correction.Your question is so it's unkind- isn't it protected speech? The answer is yes, except when there's criminal intent.
LOL, if a law is being challenged on a first amendment basis, you can't say that the first amendment doesn't apply because there's 'criminal intent' due to the law in question. The law itself, which makes the speech criminal, is what is being challenged.
I can show in a court of law that the can-opener is hallucinating. Can you show in a court of law that a transgendered person is hallucinating? As far as I can tell, gender dysphoria is just another human condition, well enough documented to seem present in every time and culture. Established enough to be present in law. I suppose there is a critique-worthy element of fashion to our present embrace of trans culture but fashion skews queer and ultimately I believe that increasing our human expression of gender is just that, increasing our human expression, which I consider beneficial.
Murder and thievery are also 'human conditions present in every time and culture'. So are depression and hysteria. Being a 'common human condition' does not in any sense make things sacrosanct and perfectly acceptable.
Look- if the lunatic can-opener said "call me man one more time and I'll jump" and you say "man" and the lunatic jumps, you are probably going to get charged with something and we both know there's some justice in such a charge. There are circumstances when protected speech becomes crime and so forfeits protection. Willfully violating another citizen's (potentially fragile) identity in the privacy of their homes, in a time of exegesis, that rises to the level of crime. The State of California sees that as minor crime. Why can't you?
Actually, there are no conditions where protected speech becomes a crime. That's what protected speech means. The person in that situation would not be charged with anything, the lunatic would be charged with assault and his lawyers would likely mount an insanity defense.
Perhaps his employer could punish him for doing such things discourteously. But what if the home is owned by people who don't think that a transgendered woman is a woman, and who agree with the employee? That's the crucial issue: the government would force everyone in that situation to lie under punishment of a fine. I don't think that such a case would survive in front of the SC.The Supreme Court has delivered many unworthy readings of the Constitution, I wouldn't trust it to define my sense of right and wrong.
Neither would I, but the Supreme Court isn't there to determine right or wrong, they're there to interpret law which is written and executed by the other two branches of government.
The whole general environment surrounding pronouns remind me of Chesterton's prophecy:"The great march of mental destruction will go on. Everything will be denied. Everything will become a creed. It is a reasonable position to deny the stones in the street; it will be a religious dogma to assert them. It is a rational thesis that we are all in a dream; it will be a mystical sanity to say that we are all awake. Fires will be kindled to testify that two and two make four. Swords will be drawn to prove that leaves are green in summer. We shall be left defending, not only the incredible virtues and sanities of human life, but something more incredible still, this huge impossible universe which stares us in the face."Great essay, an appeal for orthodoxy in a book about heretics. I'm not sure that you get that Chesterton's being positive here embracing new heresies to better perfect his orthodoxy. He expects that everyone will have their own dogma eventually and such is the natural state of humanity. A fairly heretical orthodoxy for a Catholic, wouldn't you say?
Whew, someone said something about no reading compression, but this one really takes the cake. The central point of this section is that doubt refines and sharpens orthodoxy through contrast, to the point where the truth will end up taking on a religious quality in ways which, for his generation, seemed impossibly absurd.
Chesterton disliked indifference, that doesn't translate to a support for every creed. He once famously said that impartiality was a pompous word for indifference, which was an elegant word for ignorance.