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this post was submitted on 18 Jan 2024
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At the risk of being dogpiled, I'd like to try to have some discussion on this.
Up front, I want to say that Ohio does a lot of dumb shit, trans rights are human rights, and weaponizing random laws against queer people is bullshit.
It seems clear to me that:
What isn't clear to me is that this is selectively enforced against trans people. We only know about the cases where it has happened to trans people because those are the cases that are being reported on. It is not surprising that a cis person encountering a bureaucratic annoyance because they put the name they go by rather than their birth name on the form was not considered newsworthy.
The vibe I get from this is that this is ragebait where the headline invites the reader to jump to conclusions while the contents of the article suggest that this is actually just a stupid case of the government being bad at making a form (something I have personally encountered a lot).
I'm totally fine with being proven wrong, it wouldn't be surprising in the slightest if there is malicious intent here. Is there evidence of selective enforcement here?
Yes there is evidence. Just a few days ago a third trans candidate in Ohio ran into the same problem and their board of elections overturned the rejection during their appeal.
So this year you've had 3 trans candidates with the same problem. 2 upheld and 1 overturned during the appeals process.
Yep. Third bullet point would solve the issue entirely
I agree. This seems like a prime example of a base rate fallacy.
If all 4 transgender candidates ran afoul of this law, and none of the cisgender candidates did, it's reasonable to think that it might be an anti-trans law. But, that ignores the base rate of name changes. Probably about 1% of non-trans people change their names, or use names different from their official names when submitting paperwork to get onto a ballot other than women who take a married name -- but there's an explicit carve-out for that because it's so common. Probably about 99% of trans people change their names or use different names in that same situation. The rate of name changes between the two groups is massively different, so one group is going to encounter the issue much, much more often.
In the past, when trans people simply didn't try to run for office, this wouldn't come up very often, so nobody paid much attention to the badly designed forms, etc. But, now a new group of people is starting to run for office, and this group encounters the problem nearly 100% of the time.
And, while it's also possible to think this might be an old law that's now being weaponized by the other party against trans people, the article shows that they can't do that:
There may still be prejudice at play, that trans candidates are under more scrutiny than a white cis male who wanted to go by Jimbo and not James. But, IMO incompetence / bugs in the system is probably a bigger part of the problem.