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- Embed this noticeThe trans rights movement is on the fast track to failure
https://thehill.com/opinion/judiciary/5019710-transgender-rights-movement-legal-challenges/
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Traditionally, progressive movements pursue one of two approaches: equality or equity, depending on the specific needs of the group they aim to support. Equality-focused movements push for equal treatment across the board, while equity-driven movements advocate for special accommodations to level the playing field for vulnerable groups.
A prime example of an equality-based movement is Title VI of the Civil Rights Act, which mandates that institutions receiving federal funding cannot discriminate based on race, color, or national origin. This law demands equal treatment, leaving no room for differential treatment, even when well-intentioned.
On the other hand, the Americans with Disabilities Act exemplifies an equity-driven approach. It recognizes that individuals with disabilities need specific accommodations to ensure they can participate in society on an equal footing. The ADA requires treating people with disabilities differently from those without in order to achieve fairness, which acknowledges their unique challenges.
Title IX, which protects women’s rights in educational settings, balances both equality and equity. It prohibits discrimination based on sex in academic admissions (an equality measure), acknowledging that biological differences have no bearing on intellectual capabilities. But it also allows for separate men’s and women’s sports teams (an equity measure), recognizing that biological differences can affect fairness and safety in athletic competition.
The transgender rights movement has had notable success using equality-based legal strategies. For example, the Bostock decision held that discrimination based on gender identity in employment is illegal under Title VII.