Tag Archives: gender identity

45 C.F.R. § 92.4; or yes, there is a difference between the parties.

For any Bernieite or other lefty grumbling that there’s really no difference between the parties, I hereby present section 92.4 of the implementing regulations of section 1557 of the Patient Protection and Affordable Care Act:

On the basis of sex includes, but is not limited to, discrimination on the basis of pregnancy, false pregnancy, termination of pregnancy, or recovery therefrom, childbirth or related medical conditions, sex stereotyping, and gender identity.

Sex stereotypes means stereotypical notions of masculinity or femininity, including expectations of how individuals represent or communicate their gender to others, such as behavior, clothing, hairstyles, activities, voice, mannerisms, or body characteristics. These stereotypes can include the expectation that individuals will consistently identify with only one gender and that they will act in conformity with the gender-related expressions stereotypically associated with that gender. Sex stereotypes also include gendered expectations related to the appropriate roles of a certain sex.

Boom.  Now go forth and proudly vote for Democrats, up and down the ticket.  Because there is a difference.  A real difference.


We need a general anti-butthead law.

With fee shifting.

Consider the following case:

Damian Garcia

A senior at an Albuquerque Catholic high school identifies as a boy and wants to wear a black gown — along with all the other boys — for graduation.  Unfortunately, his birth certificate identifies him as a girl, which is the only criterion his high school considers in dictating that he wear a white gown, the color assigned to girls.

This case, although likely tough to bring under current antidiscrimination law, would be resolved on a plaintiff’s summary judgment motion under the Anti-Butthead Act, the key provision of which reads, “Don’t be a butthead.”  The high school, although fully entitled to implement whatever religious principles it wants,* is being buttheaded about a very simple thing.  Let the kid wear whatever damn gown he wants.

His family says

they’re not expecting the school to change policy by next week, but hope the school would consider eventually having all students wear the same colored gowns to avoid the situation all together.

Laudable non-buttheaded thinking!


*I am completely unqualified to opine on Christian doctrine, but I thought it had more to do with loving your fellow human than what color gown he’s wearing.