The just laws that ensure the safety and rights of transgendered students, originated from the problem of transgendered students having safe access to facilities that are gender specific. They will often be harassed because of the persons’ opposite gender identity and results in the creation of an unsafe environment. In this paper, I will argue that not only every state in the United States of America, but also every country around the world should enact a law that ensures the safety, rights, and desegregation of facilities for transgendered students. All humans have their own opinion and have the right to make their own decision. This includes the decision to choose one’s gender identity. Just because one has chosen a gender identity that doesn't conform to the typical norms of a society, one should not be punished for doing so. However, some argue that proposing a bill that requires students to only use the facilities that correspond to their sexual identity and not their gender identity is a better alternative. This argument is not sufficient enough, as it does not outweigh the consequences of the threats, harassment, and discrimination that transgendered students face. And so, because transgendered students don't deserve the harassment they receive for making their own decision on gender identity, it is not only acceptable, but also morally obligatory for humans to enact laws to protect the safety and rights of transgendered students. The Ethical Theory of Justice from Rawls is motivated by justice and fairness to produce just institutions.
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A segregated school is an example of an unjust institution. In Rawls first Principle of Justice, he states that every human “has equal right to the most extensive basic liberty compatible with similar liberty to others” (Rawls 391). So, one can only give people liberties if everyone can have those liberties. Furthermore, King states that there are two types of laws: just and unjust. One has not only legal, but also moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws. A just law is a man made code that squares with the moral law or the law of God. An unjust law is a code that is out of harmony with the moral law. Moreover, all segregated institutions are unjust because segregation distorts the soul and damages the personality. It gives the segregator a false sense of superiority and the segregated a false sense of inferiority. According to Rawls first Principle of Justice, one can only give people liberties if everyone can attain those liberties. …show more content…
When referring to the case, transgender students do not have the same liberties that normal students have. Instead, they receive threats and harassment in public facilities such as bathrooms, because of their decision to change their gender identity. According to Rawls, if transgendered students do not have the same liberties as normal students, normal students do not have the authority to deprive them of their liberties on deciding which bathroom to use. Moreover, King argues that one has a moral responsibility to obey just laws and disobey unjust laws. A law to protect transgendered students such as California’s School Success and Opportunity Act (AB1266) is an example of a just law and therefore should be obeyed by everyone. One possible objection that argues against the support for laws ensuring the safety and rights of transgendered students is to propose a bill that requires transgendered students either to use only the facilities that correspond to their sexual identity or to use a separate facility designed for transgendered students at their request. An example of the objection stated above is portrayed by Utah's proposed House Bill 87, where students were required to use the same sex bathroom, proven by a birth certificate. This objection depends upon the claim that it’s morally sound to force a transgender student to use a certain sex-oriented facility without considering his/her input for the safety and privacy of other students. Furthermore, according to Rawls theory of Veil of Ignorance, people should make decisions based upon moral considerations, since they will not be able to make choices based on self or class-interest. This means that the choices will be made by “ignoring personal characteristics such as background, interests, and gender to avoid any bias in the original position” (Rawls 381). By following the Veil of Ignorance, a third
A segregated school is an example of an unjust institution. In Rawls first Principle of Justice, he states that every human “has equal right to the most extensive basic liberty compatible with similar liberty to others” (Rawls 391). So, one can only give people liberties if everyone can have those liberties. Furthermore, King states that there are two types of laws: just and unjust. One has not only legal, but also moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws. A just law is a man made code that squares with the moral law or the law of God. An unjust law is a code that is out of harmony with the moral law. Moreover, all segregated institutions are unjust because segregation distorts the soul and damages the personality. It gives the segregator a false sense of superiority and the segregated a false sense of inferiority. According to Rawls first Principle of Justice, one can only give people liberties if everyone can attain those liberties. …show more content…
When referring to the case, transgender students do not have the same liberties that normal students have. Instead, they receive threats and harassment in public facilities such as bathrooms, because of their decision to change their gender identity. According to Rawls, if transgendered students do not have the same liberties as normal students, normal students do not have the authority to deprive them of their liberties on deciding which bathroom to use. Moreover, King argues that one has a moral responsibility to obey just laws and disobey unjust laws. A law to protect transgendered students such as California’s School Success and Opportunity Act (AB1266) is an example of a just law and therefore should be obeyed by everyone. One possible objection that argues against the support for laws ensuring the safety and rights of transgendered students is to propose a bill that requires transgendered students either to use only the facilities that correspond to their sexual identity or to use a separate facility designed for transgendered students at their request. An example of the objection stated above is portrayed by Utah's proposed House Bill 87, where students were required to use the same sex bathroom, proven by a birth certificate. This objection depends upon the claim that it’s morally sound to force a transgender student to use a certain sex-oriented facility without considering his/her input for the safety and privacy of other students. Furthermore, according to Rawls theory of Veil of Ignorance, people should make decisions based upon moral considerations, since they will not be able to make choices based on self or class-interest. This means that the choices will be made by “ignoring personal characteristics such as background, interests, and gender to avoid any bias in the original position” (Rawls 381). By following the Veil of Ignorance, a third