In 2011 California enacted into law the Transgender Rights Act making “gender identity and expression” its own protected category at work, at school, in housing, at public accommodations and in other settings(i). It is important to note that, under this concept, one’s gender is determined and assigned individually by each individual as that individual sees fit in any given situation, or at any given time. One’s self-identification with a particular gender may be very fluid, changing, even on a daily basis, or in different societal or political contexts.
This week California’s “Moonbeam” Governor Brown sighed AB1266 extending these concepts into the public school system(ii). Mixed gender toilets, locker rooms, and school sports teams(iii) are on the way.
This is truly loony stuff, but opportunity beckons. Why not embrace the core operating concept here and expand it beyond gender? That core concept is recognizing (empowering) the individual as the decider of what heretofore was once thought immutable. No longer will there be a given, objective reality as to gender, or as to race, national origin, ethnicity, sexuality, or class identity. Not even one’s age! Who’s to say otherwise? “I am what I say I am, and who I say I am, and that’s that”. The objective or the empirical is to be of no consequence under law.
The ramifications are not difficult to foresee and exploit. With no static, legally discernible groups to pit against one another and exploit, affirmative action, quotas, racial preferences and set-asides will become a thing of the past. Any new preference would instantly be overwhelmed with a horde of newly minted self-identified “preferees”.
It’s a beautiful thing
UPDATE: Steven Hayward at powerline suggests some possibilities here, in his “The Week in Pictures” post: http://www.powerlineblog.com/archives/2013/08/the-week-in-pictures-metaphysical-confusion-edition.php