The Greatest Lie Part 11

Epstein posited. "So you are saying that transsexuals are neither legally male nor female, that they belong, if you will, to a third gender?"

"I'm not a social scientist, but I guess you could say that."

Epstein continued "And obviously, this minority is a tiny minority?"

Peter admitted, "Yes, I guess so."

Epstein pounced: "But we reserve the greatest degree of Equal Protection scrutiny for small, unpopular minorities. How can we tell transsexuals that their recourse is in the legislature, not the Courts? I doubt the transsexual lobby throws a lot of weight in the Kansas Legislature"

Peter backpedaled "People like J'Noel are different from other minorities."

Mark pursued "Because they are sexual minorities, and we have special rules for sex? Sounds pretty Victorian to be a basis for Constitutional Law."

Alec attempted to lead an escape: "No, because they choose to be what they become. We protect only those who have immutable characteristics. J'Noel is different because she voluntarily undertook to become what she became."

I sprung the trap: "You assert that she volunteered to be transsexual?"

"No, but she chose to take the hormones, have the tracheal shave, and to have the other surgery."

I went on "So you are saying these procedures should be punished, even where they are medically recommended."

Alec asserted "No, but when J'Noel had them, she forfeited the rights to full citizenship, either as a male, or as a female."

Epstein questioned "And what compelling state interest compels such an extraordinary deprivation?"

Peter argued "Doing otherwise brings chaos to society, the family, to the expectation of normality. We must, I suppose, tolerate everyone, even the criminally insane, but we don't have to accord them full status as citizens. J'Noel, like a schizophrenic, is simply too destructive of the social order to be given free rein. The state must be empowered to limit her freedom to protect the rest of us."