Shad
Veteran Member
I am willing to help you, it is a slow day.
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I am willing to help you, it is a slow day.
Nope, not all school policy has to come from the U.S. government.Wrong. It is how government policy works as the school is part of government. Try again.
Already did.
Fine
Wrong.
Conversation is over.
Are you even sure uou understand what I have said? Do you think the school is not allowed to prohibit the chewing of gum unless there is an EO in place that does so?Wrong. It is how government policy works as the school is part of government. Try again.
Already did.
Fine
Looks like we disagree here too.Wrong.
Are you even sure uou understand what I have said? Do you think the school is not allowed to prohibit the chewing of gum unless there is an EO in place that does so?
Looks like we disagree here too.
It is hard for some people to let themselves learn.
But if you get over your fears I will be here.
Ignored
I am talking about a government entity compelling speech which runs against a person's religious views. A policy based on an interpretation of a law based on an EO to the DoE. You are losing track of the conversation as you are removing the context involved. More so you never looked at the reasons for prohibiting gun which is sanitation issues thus a public health risk.
Tolerance vs validation culture. TG being the later due to the obvious insecurities at play.
A teacher may hold religious views. He simply may not espouse them during school hours.I am talking about a government entity compelling speech which runs against a person's religious views. A policy based on an interpretation of a law based on an EO to the DoE. You are losing track of the conversation as you are removing the context involved. More so you never looked at the reasons for prohibiting gum which is sanitation issues thus a public health risk. Toss in damaging property, and required time and funds to remove beyond normal maintenance. Damaging property is illegal ergo a legal reason. Other arguments are gum is a distraction.
What are the arguments for compelling a pronoun use besides external validation?
Tolerance vs validation culture is something to consider.
Yes.
I am not worried about Tolerance or Validation culture. I am strictly speaking about administrative agency authority and the scope and authority of a school board. What you are saying literally makes no sense.
The school board has the power to make policies.
None of those policies contradict or rum counter to any current EO.
None of those policies are unconstitutional or run counter to any legal precedent.
Were there no policy prohibitive of the teachers behavior and no express contractual obligation prohibitive of the teachers behavior, the teacher would still have an enormous, likely insurmountable, uphill battle based on professional standards alone.
We are bordering on absurd. You want to toss out professional standards, believe that the school did not contract that a teacher needs to follow admimistrative direction, and believe that a policy is void because Trump revoked an Obama administration Executive Order.
You made that claim of "mandated speech" but you never supported it. I asked for examples but you gave none. When I went looking I only found cases to the contrary.Government entities are bound by law regarding policy which can and can not be implemented far beyond the scope of a private company. A reason is required and it must be a legal one. Mandated government speech has lost repeatedly in court.
To create legal policy.
Wrong as the policy is based on an previous EO interpretation of Title 9. Betsy, DoE, and Sessions, AG, have/had been undoing Obama's title 9 for a year.
Interpretation of title 9 is not done at the school board level but DoE.
I disagree. There is no evidence the teacher is grading the student better/worse. There is no evidence the teacher is going out of their way to make the student an example. The teacher is using the new name. I see no professional issues. I see an ideological battle with religious elements based solely on interpretation of basis. If you couldn't tell I reject such interpretive laws as one can make twist a law in many ways. Also it gives a reason for the legislative branch to pass it's own duties to the judicial. Ergo a reason why SCOTUS is so political charged
I disagree regarding what you see as professional standards. However this is merely part of a large disagreement with how the US public system has been run since the 90s.
The policy is based on title 9. The interpretation has changed thus the grounding is null. The school can change to city and state laws thus update it's policy. Laws which are specific not interpretations of.
Let's breakdown that sentence. Gov't agencies are bound by law regarding policy. I agree.Government entities are bound by law regarding policy which can and can not be implemented far beyond the scope of a private company.
Huh? Notice is required. I suppose a reason is required but that reason could be, "we think it would be nice for students."A reason is required and it must be a legal one.
You believe there is precedent that prohibits the regulation of a teacher's speech during instructional time and related to the teaching content?Mandated government speech has lost repeatedly in court.
To create policies which guide and direct education in the district.To create legal policy.
Again, that doesn't matter.Wrong as the policy is based on an previous EO interpretation of Title 9. Betsy, DoE, and Sessions, AG, have/had been undoing Obama's title 9 for a year.
No but community standards are put in place at the school board level.Interpretation of title 9 is not done at the school board level but DoE.
The teacher is treating this child different than other children. And doing so, contrary to administrative direction to do otherwise.I disagree. There is no evidence the teacher is grading the student better/worse. There is no evidence the teacher is going out of their way to make the student an example. The teacher is using the new name. I see no professional issues. I see a ideological battle with religious elements.
You disagree that it is a professional standard to follow admimistrative direction regarding the curriculum?I disagree regarding what you see as professional standards. However this is merely part of a large disagreement with how the US public system has been run since the 90s.
The school can change their policy bit they do not need to change their policy. This is important to understand.The policy is based on title 9. The interpretation has changed thus the grounding is null. The school can change to city and state laws thus update it's policy. Laws which are specific not interpretations of.
Let's breakdown that sentence. Gov't agencies are bound by law regarding policy. I agree.
"policy which can and can not be implemented far beyond the scope of a private company."
This makes no sense; it is self contradictory on its face and requires further elaboration.
Huh? Notice is required. I suppose a reason is required but that reason could be, "we think it would be nice for students."
You believe there is precedent that prohibits the regulation of a teacher's speech during instructional time and related to the teaching content?
To create policies which guide and direct education in the district.
Again, that doesn't matter.
No but community standards are put in place at the school board level.
The teacher is treating this child different than other children.
And doing so, contrary to administrative direction to do otherwise.
You disagree that it is a professional standard to follow admimistrative direction regarding the curriculum?
The school can change their policy bit they do not need to change their policy. This is important to understand.
Ok so you are just saying that government agencies sometimes face more restrictions than private employers. What you were trying to say does not match what you said.A corporation can endorse a religion when the Fed can not. A corporation can terminate a person based on politician views, the government can not.
You don't need to be convinced. I am letting you know that that is all the reason that is required. While certain reasons may be challenged, I think that you will find administrative regulation of teacher behavior is not generally going to be one.I am not convinced by this argument. There are other ways of being nice without requiring one to violate their religious views. YEC Christians are not required to denounce creationism while teaching evolution.
I am happy to walk you through any precedent and explain why it is not applicable here.As per the JW example mandated speech against a religious view has lost repeatedly.
Are you under the mistaken impression that a district cannot protect against discrimination by gender identity unless there is a EO in place? Their policy is not illegal.Which must be legal.
No it does not, because the EO or the revocation of Obamas EO does not prohibit the policy.Yes it does as the school is part of the DoE.
And that is unconstitutional. This policy is not.Irrelevant as it is a government entity. A number if community's held a standard that creationism should be taught. They lost and continue to lose, in courts.
I am not under the impression tjat the teacher tried to forgo all pronouns. My understanding is that the teacher just tried to not use pronouns for a particular student. Is this incorrect?No. The teacher addresses students by their names and made one mistake. Besides all students are treated differently anyways Smart vs dumb. Passing vs failing. Advanced vs held back. Fast vs slow.
The hypocrisy of the admins agenda? What does that even mean?Which just establishes the hypocrisy of the admins and an agenda.
How teacher address students is pedagogy. Pedagogy used in a curriculum is indeed part of that curriculum.Use of a pronoun is not curriculum
You are missing the point. One administration EO revoking another administration EO does not necessarily mean all policies that relate to the previous administration EO need to be changed.Depends if this teacher has a case in court. I assume one of those Freedom or Religion defense legal leagues or firms (whatever) has reached out to the teacher by now.
Ok so you are just saying that government agencies sometimes face more restrictions than private employers. What you were trying to say does not match what you said.
You don't need to be convinced. I am letting you know that that is all the reason that is required. While certain reasons may be challenged, I think that you will find administrative regulation of teacher behavior is not generally going to be one.
I am happy to walk you through any precedent and explain why it is not applicable here.
Are you under the mistaken impression that a district cannot protect against discrimination by gender identity unless there is a EO in place? Their policy is not illegal.
No it does not, because the EO or the revocation of Obamas EO does not prohibit the policy.
And that is unconstitutional. This policy is not.
I am not under the impression tjat the teacher tried to forgo all pronouns. My understanding is that the teacher just tried to not use pronouns for a particular student. Is this incorrect?
The hypocrisy of the admins agenda? What does that even mean?
How teacher address students is pedagogy.
Pedagogy used in a curriculum is indeed part of that curriculum.
You are missing the point. One administration EO revoking another administration EO does not necessarily mean all policies that relate to the previous administration EO need to be changed.
Um you are discussing the students beimg forced to salute the flag. This is foremost distinguishable by the rights at issue:No it matches. I just provided examples. The key one being compelled speech.
No, i dont think it constitutes compelling speech against religious belief. And, while reasons do matter, this is not a particular instance where you are likely to find a reason that does.No you think it is a valid reason without question nor argument, nothing more. Compelling speech against a religious belief.
Lol, I rarely bother to go fetch sources for people. If you are curious about a case, I will help you understand it. If you are not curious then there is no point. If you really want to understand how you are wrong, then perhaps we can cross that bridge. But typically this is going to amount to me chasing down cases and quotes for someone to say nuh-uh, without understanding.Go for it. Show me the precedent in which government can force compelled speech against a religious view. You wont find one which runs afoul of 1a and 5a or has been overturned by the precedent I brought up
I know of none, nor have I bothered to check. I did not even know the school board had a policy.I already stated multiple times there could be a city or state statute at play. So far no one one has cited anything current.
If it is illegal then it was illegal regardless of the executive orders the revoked interpretations have nothing to do with that fact. If it was not illegal, then taking away the EO does not automatically void any policy the school board created.It is illegal as it compels speech and the revoked interpretations.
That doesn't matter. If the school board created a separate policy, then that policy stands as intended by the school board.Yes it did as the EO revoked the very interpretation of title 9.
Not sure about your point here. The policy is not unconstitutional and the community standards are not "knocked down."The policy is for two reasons stated above. More so my point knocked your premise down of "community standards" merely by changing the community.
We are not discussing you and your. I asked if the teacher refused to use him and her for all students or just students that the teacher assumes are transgender. If it is the latter that is discrimination.The requested pronoun of him was rejected. First person pronouns such as your would be used, I assume, due to normal language use.
I would say that devaluation and discrimination towards children does impact education so the direction/policy would be for educational purpose. Still do not see the hypocrisy though.Specifically compelling speech due to a tiny minority for no educational purposes and termination if one can not be forced to violated their religion is an agenda.
They do not need to prove that it impacts the kids education. Any court would give deference for an educational body like a school board to make that decision. It would be on the teacher to prove that it did not impact the kids education. And good luck proving that in court.Students are not address used in-direct pronouns. There is no evidence a non-use of a pronoun has impacted the student's education. It only impacts the students insecurities due to a lack of validation which is a person problem.
How a teacher refers to children is part of pedagogy.So? You have not linked a lack of pronoun use with anything yet.
You seem confused because you keep saying this like it matters.For the DoE facilities it does as the interpretation is one created by the EO. School boards can not interpret law.
Um you are discussing the students beimg forced to salute the flag. This is foremost distinguishable by the rights at issue:
The freedom asserted by these appellees does not bring them into collision with rights asserted by any other individual. It is such conflicts which most frequently require intervention of the State to determine where the rights of one end and those of another begin. But the refusal of these persons to participate in the ceremony does not interfere with or deny rights of others to do so. Nor is there any question in this case that their behavior is peaceable and orderly. The sole conflict is between authority and rights of the individual.
See West Virginia Bd. of Ed. v. Barnette
Next it is distinguishable by the fact that attendance is not optional for students
No, i dont think it constitutes compelling speech against religious belief.
And, while reasons do matter, this is not a particular instance where you are likely to find a reason that does.
Lol, I rarely bother to go fetch sources for people. If you are curious about a case, I will help you understand it. If you are not curious then there is no point. If you really want to understand how you are wrong, then perhaps we can cross that bridge. But typically this is going to amount to me chasing down cases and quotes for someone to say nuh-uh, without understanding.
I know of none, nor have I bothered to check. I did not even know the school board had a policy.
If it is illegal then it was illegal regardless of the executive orders the revoked interpretations have nothing to do with that fact. If it was not illegal, then taking away the EO does not automatically void any policy the school board created.
That doesn't matter. If the school board created a separate policy, then that policy stands as intended by the school board.
Not sure about your point here. The policy is not unconstitutional and the community standards are not "knocked down."
We are not discussing you and your. I asked if the teacher refused to use him and her for all students or just students that the teacher assumes are transgender. If it is the latter that is discrimination.
I would say that devaluation and discrimination towards children does impact education so the direction/policy would be for educational purpose. Still do not see the hypocrisy though.
They do not need to prove that it impacts the kids education. Any court would give deference for an educational body like a school board to make that decision. It would be on the teacher to prove that it did not impact the kids education. And good luck proving that in court.
How a teacher refers to children is part of pedagogy.
You seem confused because you keep saying this like it matters.
School boards can make policies. The policy in question does not conflict with any law.
Not applicable to the teacher. And re the draft, I would agree that an argument might be present if the teacher was required by law to serve in that position
Applicable to the teacher as the teacher is an individual. Government can not order someone to violate their religion. Also see JW and the draft or religious exempts for the military.
No, but employment is.Again applicable as pronoun use is not optional and a violation of 1A
Firstly, i have never questioned whether the teacher is referencing their faith. I do question whether pronoun use is an honestly held religious belief, but that is neither here nor their at this moment.Wrong. The teacher is clearly referencing their faith regardless if you think they are denying science. Creationist are not required denounce their view while teaching evolution.
Nope.1A is involved here.
Huh? I am just offering to explain how particular cases, about which you are curious, are distinguished. I see no reason to pull a whole bunch of cases and quote them to give an argument if it will serve no purpose. If there is a particular fact on which our argument will turn, I might dig out the quote for you.If you tell me about the case you will end up referencing it anyways. I see no issue beside the obvious reluctance to see someone disagree with your opinion.
I assumed you were honest. I have read all of the cases that I have discussed and many more im addition. Are you trying to attack my credibility here? If so, I hope it is terribly obvious to at least yourself that you have not addressed my actual argument.So you were arguing for something that you didn't know about nor read? This merely demonstrated your authoritarian tendencies of accepting what an authority tells you without question then arguing a point you never informed yourself about. Hilarious
I have explained to you what the school board does. I have explaimed that the school board was within its authority to make a policy regarding instruction. You have in no way challenged that.School boards do not have the power to interpret law, that is an illegal power thus makes the policy illegal as the federal grounding no longer exists. If there is a city or state statute involved that is something to discuss.
Yet the policy is not illegalLegality matters
I agree that a policy, if unconstitutional, can be invalidated. I habe never said otherwise. A policies constitutionality does not turn om the presence or lack pf presence of an EO.Wrong. You tried to use "community standards" to establish a board can do X as it is favored by the community, otherwise it wouldn't be a standard nor represent the community. I pointed out a standard which does exist in communities which was tossed out due to be illegal and/or unconstitutional. Your premise is thus point is unsound thus knocked down.
Treating one child different than all others based on a specific trait of that child does count as discrimination.Nope. Declining to use a word is not discrimination.
I understand you have that opinion. But your opinion is not relevant here. The school boards and the administrators opinions are relevant. Even if they are incorrect the deference goes to them as they are both professionals and employed to make these types of decisions.The person is not devalued by a lack of validation over a pronoun. All it does is set off their own insecurities. By coddling people against the reality of their life now and in the future a child is being setup for problems.
This has nothing to do with doing as one is told. This has everything to do with the people involved and their ability to choose otherwise.All you are doing is sliding into authoritarianism again. "Do what you are told!" Yet you forget the DoE has changed policy multiple times from religion in schools, segregation, etc, regardless of what the board does or wants.
Not when all students are not referred to by name.By name which is completely acceptable.
Do you believe their is a policy by the DoE that states no school can make a policy respecting gender identity?It matters as the public school system is part of government and subject to the authority of the DoE and POTUS.
It is not in conflict with 1a. Whether there is a law or not would not matter if it was in conflict with 1a. And there is no law preventing such a policy. Since no law prevents the policy, the school is free to enact it.It is in conflict with 1a. Also there is no law covering TG and pronouns.
Not applicable to the teacher. And re the draft, I would agree that an argument might be present if the teacher was required by law to serve in that position
No, but employment is.
Firstly, i have never questioned whether the teacher is referencing their faith.
I do question whether pronoun use is an honestly held religious belief, but that is neither here nor their at this moment.
I am saying that the school is not dpimg anything that amounts to a violation of the teachers rights. This has nothing to do with denying science.
Nope.
Huh? I am just offering to explain how particular cases, about which you are curious, are distinguished. I see no reason to pull a whole bunch of cases and quote them to give an argument if it will serve no purpose. If there is a particular fact on which our argument will turn, I might dig out the quote for you.
I assumed you were honest.
I have read all of the cases that I have discussed and many more im addition. Are you trying to attack my credibility here?
If so, I hope it is terribly obvious to at least yourself that you have not addressed my actual argument.
I have explained to you what the school board does.
I have explaimed that the school board was within its authority to make a policy regarding instruction. You have in no way challenged that.
Next I have explained that a policy is not void unless it is contrary to law.
The revocation of an EO did not make this policy contrary to law.
If this policy is contrary to law, then it always was.
Yet the policy is not illegal
I agree that a policy, if unconstitutional, can be invalidated. I habe never said otherwise. A policies constitutionality does not turn om the presence or lack pf presence of an EO.
Treating one child different than all others based on a specific trait of that child does count as discrimination.
I understand you have that opinion. But your opinion is not relevant here.
The school boards and the administrators opinions are relevant.
Even if they are incorrect the deference goes to them as they are both professionals and employed to make these types of decisions.
This has nothing to do with doing as one is told. This has everything to do with the people involved and their ability to choose otherwise.
Not when all students are not referred to by name.
Do you believe their is a policy by the DoE that states no school can make a policy respecting gender identity?
It is not in conflict with 1a.
Whether there is a law or not would not matter if it was in conflict with 1a.
And there is no law preventing such a policy. Since no law prevents the policy, the school is free to enact it.
Grouped all of these together to point out that no, there is no constitutional violation.Nope as it was 1A violation.
Nope as it was 1A violation.
The teacher in question did which becomes an 1A issue....
Wrong. It is a 1A violation...
Yes it did as pronoun use is not a law, is a 1A violation and compelled speech...
The EO removed the unconstitutional interpretation, 1A violation and compelled speech by government violation...
It is called 1A. Wrong again.
Pronoun use is not covered by law, 1a violation and compelled speech. 3 violations
The teacher can continue to hold that view. Unless they think that it is a sincerely held religious belief that use of a pronoun makes one a male or a female.It is relevant case at hand. The teacher holds the whole "made you male and female" view.
Ome can reference religion anytime they want, that doesn't make something a constitutional issue.Wrong as the teacher referenced religion.
I am not forcing my opinion on you. I am merely offering to correct your misunderstanding.So? You are not making your argument. You merely want to force your opinion of my argument on to me. Ergo I declined. More so I have rejected your opinion. Instead I want you to argue your case in which government can compel speech in violation of a one's religious view.
No, I suggested that the school qould be within their rigjts to terminate employment even without a specific policy, i explained this earlier.You are confused. That was a reference to you admitting to not knowing the school policy before arguing about this topic. You merely parroted what the admin said instead of informing yourself.
They jave done nothing illegalDoes vs can legal do.
Already explained.Use of pronouns has nothing to do with instructions.
Already explainedLack of a pronoun use is not discrimination.
You musunderstand. It is not that I do not care about your opinion. It is that your specific opinion that:Look up the word discussion. If you do not care about my opinion stop responding. Your point is nonsense.
The person is not devalued by a lack of validation over a pronoun. All it does is set off their own insecurities. By coddling people against the reality of their life now and in the future a child is being setup for problems.
Not illegalWrong. The legality is what matters.
I am sorry you feel that way.Merely because you cave to authority without question does not equate an obligation upon me. Next!
No, but if the teacher referred to me and only me with my name and went put of their way to not use he or him, then I, and others, would likely take notice.All students are referred to by name repeatedly. Did the teacher call you number 5 or something? Or hey you with X hair colour?
Ok, so if there is no restriction, then a school board can make a policy as long as that policy is not unconstitutional. This means your argument hangs solely on the constitutionality and the EOs have nothing to do with the matter.No, the constitution limits which is valid policy or not. The DoE has merely revoked an interpretation
The teacher sayimg somethimg does not make it so.[/QUOTE]Yes it is as per the teacher's statement.