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.

  • TranscendentalEmpire@lemmy.today
    link
    fedilink
    arrow-up
    6
    arrow-down
    1
    ·
    1 day 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
      link
      fedilink
      English
      arrow-up
      1
      arrow-down
      11
      ·
      1 day 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
        link
        fedilink
        arrow-up
        5
        ·
        edit-2
        1 day 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
          link
          fedilink
          English
          arrow-up
          1
          arrow-down
          7
          ·
          edit-2
          1 day 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
            link
            fedilink
            arrow-up
            4
            ·
            1 day 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
              link
              fedilink
              English
              arrow-up
              1
              arrow-down
              6
              ·
              1 day 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.

              • TranscendentalEmpire@lemmy.today
                link
                fedilink
                arrow-up
                4
                ·
                1 day ago

                Don’t get too hung up on definitions. It’s practical realities that matter, namely rape.

                This whole argument started because you challenged a definition…?

                It’s practical realities that matter, namely rape.

                And an individual who presents as female is going to be much safer from sexual assault in a men’s prison? You think rape doesn’t occur in a women’s prison? This isn’t about rape for you, it’s about punishing and demeaning trans people.

                responded on that.

                No you didn’t. You said to throw them in solitary, but did not designate what prison.

                we should definitely refrain from placing dick&balls owners into vagina-special prisons.

                That’s not how the prison system is defined. That’s not your original argument. You still do not have a an answer for people who do not fit in that binary. You are an idiot.

                • DarkwingDuck@sh.itjust.worksBanned
                  link
                  fedilink
                  English
                  arrow-up
                  1
                  arrow-down
                  6
                  ·
                  1 day ago

                  This isn’t about rape for you, it’s about punishing and demeaning trans people.

                  That’s your assumption. I couldn’t actually care less about people deluding themselves, whether its trans or furries or whateverthefuck. Practical realities. A person originally born a woman with a functional artificial penis can rape natural women just the same as a natural man.

                  No you didn’t. You said to throw them in solitary, but did not designate what prison.

                  Scroll up. I edited the comment a minute before your response.

                  You still do not have a an answer for people who do not fit in that binary.

                  Literally scroll up.

                  • TranscendentalEmpire@lemmy.today
                    link
                    fedilink
                    arrow-up
                    5
                    ·
                    1 day ago

                    That’s your assumption. I couldn’t actually care less about people deluding themselves, whether its trans or furries or whateverthefuck.

                    Not really an assumption… You just proved the point.

                    Practical realities

                    If it was practical you’d be able to state a coherent solution.

                    person originally born a woman with a functional artificial penis can rape natural women just the same as a natural man.

                    A woman without a functional penis can rape a woman as well… How does this increase or decrease the chance of rape?

                    Scroll up. I edited the comment a minute before your response.

                    You didn’t address the question, you asked one. You then said ideally there would be an individual prison for just intersex people?

                    Why wouldn’t we just make individual prisons for every race, sex, sexual orientation, religion, or gang affiliation? Its a non answer. The intersex population makes up around a percent of the global population.

                    Literally scroll up.

                    Non answer. They do not have a separate prison. So which prison do they go to? It’s almost like your solutions are not practical or based on reality.

                    Also, don’t expect to have people reread your shit once you edit them. Take the time to make a coherent argument the first time or respond with a new post.