House Bill 446 in Montana establishes two indecent exposure laws: one for the general public that requires intent, and another for trans people that does not.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Relevant bit:
nor deny to any person within its jurisdiction the equal protection of the laws.
Seems like a slam dunk, but someone is going to have to be charged with the “crime” before it can be challenged, I believe.
Don’t bet on it. 8-10ish years ago Pennsylvania passed a no-child-genital-mutilation bill that says you can’t do surgery on a child’s genitals without a valid medical reason. Seems like a fairly reasonable thing, except they literally put an asterisk in the bill on ‘child’ and the footnote says for the purposes the bill ‘child’ means only female children. Apparently it’s fine since nobody has challenged it.
US Constitution, 14th Amendment, Section 1:
Relevant bit:
Seems like a slam dunk, but someone is going to have to be charged with the “crime” before it can be challenged, I believe.
Pretty sure the law can be challenged in court before someone is charged with a crime.
Yup, “facial challenge” apparently. Good. Maybe the ACLU is still good for something
🌎👨🚀🔫👨🚀
Don’t bet on it. 8-10ish years ago Pennsylvania passed a no-child-genital-mutilation bill that says you can’t do surgery on a child’s genitals without a valid medical reason. Seems like a fairly reasonable thing, except they literally put an asterisk in the bill on ‘child’ and the footnote says for the purposes the bill ‘child’ means only female children. Apparently it’s fine since nobody has challenged it.
Who ever heard of inequality in america, seems this passage was walked on pretty quickly after being put to paper.
OK, just give up I guess
I didnt say give up but holding up a sign saying we said we wouldnt do this isnt accomplishing much. The constitution hasnt amounted to much.
Hard disagree.