A Texas agency has ordered workers to dress “in a manner consistent with their biological gender.” Sid Miller, Texas Agriculture Commissioner, issued the order.
Those Who Don’t Obey Could Be Fired
Anyone who doesn’t obey the order could lose their job and the policy applies to all Texas Department of Agriculture employees, including interns and contractors. Individuals who don’t comply will initially be asked to go home and change. If the “problem” persists, they’ll lose their jobs.
The Policy Is an Attempt to Further Oppress Transgender People
The policy is undoubtedly an attempt to erase transgender and non-binary employees. But not only does it affect the lives of trans workers, it also targets cisgender individuals who prefer to wear gender-neutral clothing. Despite that, women do still have the option of wearing pants. The policy states that employees must wear “traditional business wear, including Western business attire.”
Experts Criticized the Policy
Experts have condemned the policy, claiming that it’s inhumane and unfair. They’ve said it violates free speech and anti-discrimination protections. Brian Klosterboer, an attorney with the ACLU of Texas, has said the policy violates Title VII, which bans employment discrimination based on sexual orientation or gender identity.
The First Amendment
According to Klosterboer, the policy also violates the First Amendment, which gives Americans the right to free expression. Klosterboer said: “State agencies should be focused on doing their jobs and not discriminating against their own employees and trying to make political statements through their agency regulations. There is no important governmental interest that this can meet.”
Miller Is Pro-Trump
The Texas Agriculture Commissioner, perhaps unsurprisingly, is a member of the MAGA movement and a huge Trump supporter. Reportedly, he was “thrilled” when Trump banned transgender individuals from the military. Moreover, he allegedly described transgender identities as “leftist social experimentation.”
Employees Spoke Out
Speaking to Texas Observer, an anonymous employee said they felt the policy would be used to selectively target the individuals who are most obviously transgender. Several employees have reportedly expressed concerns but are worried to speak out for fear of losing their jobs.
Biological Sex vs Gender Identity
The Texas Department of Agriculture’s use of the phrase “biological gender” conveys a deep misunderstanding of transgender issues and a conflation of the two concepts. “Biological sex” refers to a combination of an individual’s arrangement of chromosomes, primary sex characteristics, and secondary sex characteristics. It is not binary, as evidenced by the existence of intersex people, and is more nuanced than someone with a high school biology education might believe. “Gender” is a social construct and “gender identity” describes where someone sits within that social construct. According to Texas Observer, gender is “reinforced by norms, behaviors, and roles assigned to people based on their perceived sex.”
Redditors Were Shocked
The story quickly made its way to Reddit – and users were shocked. One individual wrote: They put it in writing? They put a violation of the Civil Rights Act of 1964 in writing? A whole lot of people are gonna retire from their government careers with a fat parachute.”
People Didn’t Understand How Miller Thought It Was Legal
Redditors couldn’t wrap their heads around how the Texas Department of Agriculture could possibly think the policy was legal. One person wrote: “There’s no way this is legal. The 1964 Civil Rights Act clearly states you can’t discriminate against people on the basis of sex and the courts have ruled again and again that you can’t have policies like this. If our judiciary is failing to uphold these precedents it needs to be expanded and reformed, otherwise Republicans are going to keep breaking the law.”
Even Cisgender and Straight People Were Appalled
It wasn’t just LGBTQ+ Redditors who were enraged; cisgender and straight people were too. One such individual wrote: “I’m heterosexual and cisgender and I dress androgynous. Why should I be subject to a few people who want me to feel uncomfortable for their own mental limits on what makes them feel comfortable?”
Others Condemned Christians
Some Redditors brought religion to the discussion, pointing out that the Republican fear of transgender people usually has a root in Christianity. One person wrote: “Christians are so afraid of individuals who do not look like them that they are going to some extreme lengths to remove the burden of acknowledging their presence. Jesus would whip these ‘Christians’ from here to there and somehow they’d find a reason to justify a second crucifixion.”
Others Suggested Ways to Protest
Some Redditors suggested ways to protest while adhering to the policy. One person wrote: “Malicious compliance would be absolutely hysterical here. Have your manliest, most ‘passing’ trans man working there – and then follow the guidelines. Have him start wearing the tightest and most revealing dresses he can get away with. Watch their heads explode as they have inadvertently forced men in drag to be part of the workplace.”
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