Bench Memos

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The Next Progressive Frontier


Another entrant in the beyond-parody category: If you think that a child who “biologically … was born a boy and retains male genitalia” but who self-identifies as a girl shouldn’t be using the girls’ restroom, then law professor Adam Winkler says, in this New Republic essay, that you favor “acts of discrimination no different from those that prohibited black people from entering white bathrooms until the 1960s.”

According to Winkler, “the next frontier of the civil-rights movement is transgender and transsexual equality, and refusing to “allow transgender people to use the bathroom that corresponds with their gender identity”—in other words, the bathroom that does not correspond with their biological sex—is to violate “our constitutional ideals.”


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