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Alberta invokes notwithstanding clause on trio of transgender laws
(www.ctvnews.ca)
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The trick is it's, to my knowledge, never been used to protect something so important before. Usually it's to protect for more subjective cultural stuff, ie Quebec has used it the most in the name of protecting their French heritage.
I vaguely remember Alberta trying to use it in a similiar ass-backwards fashion once before, to define marriage as being "between a man and a woman," but it got shut down federally somehow? It's too late in the evening for me to care to do my research on this, but if you're interested in how it may or may not be used, I'd look into that case.
Either way, I suspect if its homophobic use got shut down before, it's current transphobic use will get shut down too. But, it's a different world today, so we'll see.
Obligatory fuck Danielle Smith and everything she is doing to attack trans people and protect pedophiles.
Edit - "gayphobic" (the fuck was I thinking? It was VERY late) to homophobic.