Natural
Born Citizen "Gender Essentialism" vs. Transgender Citizen
This
was also posted on Mario Apuzzo’s
Natural
Born Citizen blog.
Mario,
Prof.
Lawrence Solum posted an interesting abstract by Melina Bell on his
Legal Theory Blog on July 3, 2017:
>>
http://lsolum.typepad.com/legaltheory/2017/07/melina-constantine-bell-washington-and-lee-university-has-postedgender-essentialism-and-american-law-why-and-how-to-sever.html
An
Article V amendment to the U.S. Constitution may be the only way to
stop the future of who determines who?/what? is a U.S. citizen. If
the "gender system" (the last two words of the last
sentence of the abstract) is altered, who will be a "natural
born Citizen" and who will be eligible to be president? Will
your "Natural Born Citizen" blog be necessary in a "gender
system" in which "gender essentialism" is history?
"Bell
on Gender Essentialism
"Melina
Constantine Bell (Washington and Lee University) has posted Gender
Essentialism and American Law: Why and How to Sever the Connection
(Duke Journal of Gender Law & Policy, Vol. 23, 2016) on SSRN.
Here is the abstract:
"American
law presumes that all persons are born either female or male, and
rests a surprising number of legal entitlements on this presumption.
Persons’ legal rights to express their identity at work, to use
public accommodations, and to retain legal parenthood status with
respect to their children may all depend on whether they are female
or male. Yet we, as individuals, generally have no choice regarding
whether we are legally designated female or male, just as people had
no choice as to whether they were designated “colored” or “white”
under past racial discrimination schemes.
"The
American legal system plays a significant role in the construction,
maintenance, and coercive enforcement of the binary gender system
that requires people to conform their identities in distorting ways
to be included politically. By sustaining the gender system, legal
institutions unnecessarily undermine human well-being, and unjustly
and disrespectfully constrain individual liberty.
"The
United States and state governments should re-examine laws that use
sex or gender as a category by adapting the Law Commission of
Canada’s methodology in Beyond Conjugality. In this fashion,
American law can begin to move gradually away from the creation,
maintenance, and enforcement of the gender system."
This
is the url for the SSRN article by Melina Bell:
Gender
Essentialism and American Law: Why and How to Sever the Connection
>>
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2994349
Why
is "gender essentiallism" an important issue to discuss in
the context of who is a "natural born Citizen" and eligible
to be president?
Well,
consider this quote by a "trans veteran who served six tours in
the Middle East": "My gender was female, but at birth,
my sex was male".
This
is the url for the July 30, 2017 article on Politico.com:
>>
http://www.politico.com/magazine/story/2017/07/30/transgender-veteran-on-trump-military-ban-215432
There
is so much that could be written, but, well, no wonder that John
Jay's original genesis original intent for underlining the word
"born" in "natural born Citizen" in his July 25,
1787 note to George Washington is ignored today in 2017 America.
Confusion about original genesis has become a mental illness that is
being legalized in front of God and everybody on earth, atheist,
theist, Jew, Christian, Muslim, statist, globalist, original genesis
original intent constitutionalist, etc.
What
did John Jay imply by underlining the word "born" if NOT
ONLY
singular U.S. citizenship/allegiance
ONLY
by birth alone
ONLY
on U.S. soil (jurisdiction)
ONLY
to two U.S. citizen parents
ONLY
married
ONLY
to each other
ONLY
before the birth of the child
Mario,
tick...tock... it's only a matter of time before Prof. Akhil Reed
Amar's "unwritten constitution" with it's "implicit"
serendipities discovers that "gender essentialism" was not
the ONLY essential that was implicit in the 1868 Fourteenth Amendment
"citizen" language in conjunction with the 1898 United
States v Wong Kim Ark "citizen" fiat "declaration"
by the Supreme Court.
Art
Original-Genesis-Original-Intent.blogspot.com
