No Justice: The Status of Transgender Anti-Discrimination In The United States

We’re gonna do Fetish Friday tomorrow this week, on Saturday. The reason’s real simple: I found a topic I wanted to write about that concerns some stuff that doesn’t fit the “Fetish” theme (Note: I also heard you guys on the polygamy thing, and the second part of that will not be on a Fetish Friday either. I’ll post that separately). It’s somewhat timely given a bit of shit that blew up in the Twitter-sphere, and the lovely post that came in on Wednesday from Ms. Tanner, who wrote about the harm that jokes can do to members of marginalized groups.

Today I’m going to talk about some basic legal matters and legislation that affect the transgender community. I think pretty much all transgender folks are aware of this stuff, and it’s really, really basic, but other people (including myself) don’t seem to be aware of the level of discrimination a transgender person can face, and how throughout the vast majority of this country it’s completely legal for a transgender person to be denied service, housing, or employment simply for being themselves. So, today, I’m gonna take a minute and piggy-back on Ms. Tanner’s explanation of why a joke isn’t a joke to explain why people have a right to be upset when they feel they’re being lessened to a cheap punchline. It’s because, quite frankly, we already treat them as less deserving than everyone else under law.

A couple quick caveats:

No jokes (well, maybe a couple jokes, just not at the expense of anyone), just some talk.

I’ll be frank: I have transgender friends, and I was tangentially aware of most of this before looking into things for this post, but I don’t think the unfairness of this ever hit me fully until I started on the drafts of this. I’m learning, please be a bit patient with me.

Finally, today is an introduction to these issues and a bomber’s-sight overview. It isn’t comprehensive and certainly does not address all of the issues. I’ll continue educating myself on some of these topics and digging into other matters, such as identification, estate/death matters, marriage, etc. I simply am not able to cover all of this in a single post. You should take this as a warning as to how much there is to talk about in regards to the current state of law as it relates to transgender persons: there are a lot of issues.

So, let’s get to it.

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Guest Post: When a Joke’s Not A Joke – A view of how humor can hurt

Today I’m welcoming in another guest post on a bit of sensitive topic that, like most sensitive topics, comes from the furries. Yesterday a thoughtless joke was made by someone (thank God not me this time) that hurt a number of people. The joke was regarding the pronouns a person prefers to use for themselves. The writer of that joke later made an apology, and I hope they sincerely take this as a lesson and an opportunity to better themselves and be more aware moving forward.

However, it also sparked a whole “it’s just a joke” thing for a lot of people. Given the current political and social climate, I wanted to say something. But I’m not transgender, and I’m not really a member of a marginalized group, so I have no place to speak to their feelings, emotions, or thoughts.

Instead, I asked for submissions about why the joke was hurtful, because believe it or not, if you’re not a member of the groups affected, or you don’t know many who are, it’s easy to never see past the end of your nose. Lord knows I can’t at times, and I’d like to learn my way around that and let these groups have their voices heard. Hopefully we can have a discussion and foster greater understanding of why the thoughtless things we say are hurtful.

But that’s enough from the fat white law guy. Without further ado, I want to welcome the following post from Z. Tanner,  Ms. Tanner  is a student, poet and writer living in the state of Utah. She is a Non-binary Transperson who is often over-caffeinated, under-slept and has a habit of enjoying a good cup of mead now and then. She also pretends to be a snow leopard on the internet. 

While no one person can speak for an entire community, I find her explanation of why a joke is, in some cases, “not just a joke” enlightening.

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Checking Your Privilege, Part 2: Attorneys and Clients Can Sorta Talk Openly

Alright folks, so the last time we did this shit it was discussing the concept of a “privilege” in an evidentiary setting. I ran through the basic concepts of what a privilege is, how it must be asserted, who holds the privilege, and the effect of a partial waiver of the privilege. The general idea to take away from all that is there are these things called privileges that allows you to bitchslap the other side when they start coming after that sweet, sweet information they so desperately want, be it during trial or in the hell that is discovery.

Today we’re gonna go a little more in depth and talk about the Attorney-Client Privilege, what it means, and how it is asserted, as well as how you, as the shitheel lawyer in charge of the case, can try to keep that shit from getting into the fucking record in the first place. But first, a war story.

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Freaky Friday: Cadaver Law – Grandma’s Corpse is Court Property

When the crypt doors creak and the tombstones quake, ghost come out for a swinging infringement of Disney’s copyright on the lyrics of this song.

That’s right guys, it’s time to swing open the mausoleum and take a trip down the weird world of the legal and illegal. It’s Freaky Friday here on Lawyers & Liquor, and this month we’re going to talk about the unique legal status of the human cadaver.

…I get the feeling a few of you will find this information important, and immediately afterwards will call off work to go “take care of something” in the basement.

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Checking Your Privilege, Part 1: What is a Privilege?

Recently the ABA Journal, and just about every other news outlet that follows the swampish shit-show that is D.C., reported on the fact that Paul Manafort’s lawyer was compelled to testify regarding the work they did for their client. For laymen, this doesn’t mean much. I mean, a lawyer was used to commit a crime, and therefore it’s fine for the lawyer to be compelled to testify. Shit, it isn’t even that surprising for lawyers either, is it?

So, for the next two days I’m gonna talk a little about evidentiary privileges: What they are, how to assert them, how to be careful with them, and finally, a couple of common privileges you should look out for in your case.

So let’s get started, eh?

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