Tuesday, August 19, 2014

Can't please everyone

Not all judges get it wrong
It's taken a while but over the years, I have developed a low opinion of judges.  Not the person, per se, but the position. See, too often I hear about cases where we the people decided what we the people have decided and then some judge with a political agenda comes along and says we the people don't know well enough than to get out of our own way and then with a swoop of a pen the judge negates the will of we the people.

Imagine, then, when a judge comes along and actually does their job (i.e follow the law and not make law).  I'm talking about the case of Cabading v. California Baptist University, RIC1302245 (Riverside Super Ct. Filed Feb 25, 2013).  Seems a transgender personage filed a suit against Cal Baptist for expelling him/her after Cal Baptist found out they were a transgender person.  To be clear, Cal Baptist didn't expel him/her because he/her was transgender - but because him/her lied on his/her application.  Him/her said the expulsion was discriminatory and Cal Baptist said no it wasn't.  Enter the Riverside County Superior Court.  

What the court said is that while Cal Baptist did discriminate against him/her, it can continue to do so because it is a private institution.  Wait, what?!  Yeah - the judge said that a private institution doesn't have to go against it's beliefs when doing what it does.  

What this all boils down to is that Cal Baptist is a private, religious based institution and has a set of rules in place which (among other rules) say that a person must be a Him or a Her.  Him/Her lied on the application saying that Him was a him (or Her was a her).  So, if you don't want to follow the rules Cal Baptist has set up for its students, don't go to school at Cal Baptist - go to school someplace else.

And see, there's the rub: when him/her filled out the application for admittance, he/she KNEW he/she didn't know if he was a he (or she was a she) and thus misled Cal Baptist as to the person's status (in violation of the rules of student conduct).  What this appears to be, then, is an attempt to further a political agenda and circumvent the rules of Cal Baptist with the intention to file a lawsuit against Cal Baptist for believing what it believed - not to just go to school to get an education.  

I'm just saying that if him/her were honest about their intent, they would have come forward at the get go and let Cal Baptist know what it was up against and let the university make the determination whether it was a problem.