A federal appellate court ruled last week that Oregon may house trans women inmates in men’s prisons, overturning a lower court’s ruling earlier this year.

The three-judge panel of the 9th Circuit Court of Appeals consisted exclusively of Donald Trump appointees. They voted unanimously to overturn an April ruling from U.S. Magistrate Judge Mark D. Clarke ordering the Oregon Department of Corrections to assume that trans women prisoners should be housed in women’s prisons, and then assess individual cases to confirm that placement, not the other way around.

  • Rentlar@lemmy.ca
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    1 day ago

    There do exist unique cases (in Canada) where I think it is justified to keep specific trans women out of female prisons, if a pattern of criminal sexual behvaiour towards women is established. I encourage you to read that article as yet another example of Canadian judges taking their job way more seriously than these nutcase Federalist Society judges. They appear to be out to make a point instead of studying the arguments, precedent in law and assessing the trial court’s judgement on a legal and constitutional basis rather than a partisan one.

    • Blibly@lemmy.world
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      1 day ago

      In that case you should still move that woman to a woman’s prison and keep her isolated. She’s not a man, she doesn’t belong in a man’s prison just because she’s a sex offender. You don’t lose your gender status just because you broke the law.

      • DarkwingDuck@sh.itjust.worksBanned
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        14 hours ago

        She’s not a man

        According to whom?

        You don’t lose your gender status just because you broke the law

        But this is about sex, not gender. Gender is as relevant as hair color when you can “change” it on the fly.

            • NotASharkInAManSuit@lemmy.world
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              5 hours ago

              Phobia means aversion to something, not a fear, it’s just that aversion can translate subjectively as a fear or a hate response. So, yes, you are actively committing to transphobic intention.

              • DarkwingDuck@sh.itjust.worksBanned
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                9 hours ago

                A phobia is a persistent, excessive, unrealistic fear of an object, person, animal, activity, or situation. It is a type of anxiety disorder. A person with a phobia either tries to avoid the thing that triggers the fear, or endures it with great anxiety and distress.

                • NotASharkInAManSuit@lemmy.world
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                  9 hours ago

                  Those are subjective symptoms/experiences of a phobia, not the actual psychological concept of the phobia. Not everyone has the same phobic responses. There is also the option to learn about, understand, and move past a phobia. Give it a try.

            • TranscendentalEmpire@lemmy.today
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              10 hours ago

              No, you are just talented at displaying your lack of education, intellect, and common decency.

              Suffix

              -phobia (noun-forming suffix, uncountable)

              Used to form nouns meaning fear of a specific thing.
              
                  e.g. claustrophobia, chemophobia
              
              Used to form nouns meaning hate, dislike, or repression of a specific thing.
              
                  e.g. homophobia, xenophobia
              
        • TranscendentalEmpire@lemmy.today
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          13 hours ago

          According to whom?

          The individual.

          this is about sex, not gender.

          According to who?

          Gender is as relevant as hair color when you can “change” it on the fly.

          Gender is easier to define in a legal sense than sex is, especially since the law generally attempts to define sex as a binary when the actual biology is a lot more complicated.

          For example, if we utilize your framework, where would we put intersex people who have committed a crime?

          • DarkwingDuck@sh.itjust.worksBanned
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            13 hours ago

            According to who?

            The court, obviously. Also, try to reason why prisons are segregated by sex in the first place. It’s the genitals that matter, not the presentation or self identification. If you got a dick and balls, you go to male prison.

            where would we put intersex people who have committed a crime

            In solitary 🤣 But really, you go according to your equipment. Dick&balls -> male prison.

            • TranscendentalEmpire@lemmy.today
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              13 hours ago

              The court, obviously.

              That’s not how the court determined its ruling. The judge even specified that

              Also, try to reason why prisons are segregated by sex in the first place. It’s the genitals that matter, not the presentation or self identification.

              You do realize bottom surgery exist right? There are also intersex people that are born with both male and female genitalia.

              In solitary

              Oh, so just do crimes against humanity because of how they were born? You didn’t answer the question. Which jail would they be sent to to serve their solitary confinement?

              where would we put intersex people who have committed a crime

              But really, you go according to your equipment. Dick&balls -> male prison.

              You might want to educate yourself about intersex conditions before developing and broadcasting your devastatingly ignorant opinions…

              • DarkwingDuck@sh.itjust.worksBanned
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                12 hours ago

                Which jail would they be sent to to serve their solitary confinement?

                If it’s solitary, it shouldn’t matter. Pick one at random. However, the solitary quip was a joke.

                You do realize bottom surgery exist right?

                Yes. No dick&balls -> female prison.

                intersex conditions

                How many intersex prisoners are there? Ideally they’d have their own special prison just for them.

                • TranscendentalEmpire@lemmy.today
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                  12 hours ago

                  So you moved your goal post from sex to purely being concerned about genitals?

                  Again, what about intersex people?

                  As I originally stated gender is easier to apply within the law than sex is.

                  What exactly is the basis of your argument? You do know that people can sexually abuse people regardless of their or their victims sexual anatomy.

                  • DarkwingDuck@sh.itjust.worksBanned
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                    12 hours ago

                    So you moved your goal post from sex to purely being concerned about genitals?

                    Don’t get too hung up on definitions. It’s practical realities that matter, namely rape. Vagina owners shouldn’t be mixed with dick&balls owners.

                    Again, what about intersex people?

                    I responded on that.

                    You do know that people can sexually abuse people regardless of their or their victims sexual anatomy.

                    That is entirely true and very sad. However, we should definitely refrain from placing dick&balls owners into vagina-special prisons.

      • Rentlar@lemmy.ca
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        1 day ago

        As a general point the judge would agree with what you wrote.

        “These reasons and judgment should not be viewed, however, as any kind of blanket determination that a transgender or gender-diverse inmate who is designated as a [dangerous offender] cannot be transferred to an institution that aligns with their gender identity, and that may happen eventually for Ms. Cooper. Each such case will depend on their unique circumstances.”

        Just in this specific circumstance, and at this point in time, the judge assessed and ruled accordingly in this case. My focus of this comment is not to debate the case (your argument has merit) but to highlight the difference in care for the rights of both parties in a similar Canadian trial, though of course not everybody got what they wanted. In the American case, even the states’ lawyers were scratching their heads with the unprompted bigotry coming from the judges out of left field.