By Sharon Kass
When it comes to social issues, conservatives from all walks of life need to be able to make brief, concise, multi-faceted arguments. On the transgenders-in-public-bathrooms issue, here is mine:
- The need and wish for modesty between males and females is the original and eternal justification for sex-segregated, public, multi-use bathrooms.
- The Equal Protection Clause (EPC) of the Fourteenth Amendment did not originally, and does not now, apply to the sexes.
- Even supposing that the EPC did apply to the sexes to some degree, the S. Supreme Court has repeatedly stated that, based on fact, the sexes are not “similarly situated” in all situations and that the law may recognize this. Relevant cases include Reed v. Reed(1971), Rinaldi v. Yeager (1966), Parham v. Hughes (1979), Califano v. Webster (1977), Schlesinger v. Ballard (1975) and Kahn v. Shevin (1974).
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