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Feminism: Sex and gender discussions

Conflict of rights between Muslim man and trans man in USA

36 replies

TheBurmundseyIndustrialEstate · 02/10/2021 10:11

‘Women Are Human’ have documented a court case between a male Muslim prisoner and a trans man as the prisoner did not want to be strip searched by the guard on religious grounds.
He has lost the case.
This means that there is no religious exemption from being strip searched by a transgender guard or presumably for women prisoners as well in the US.
I think the clashes between the Muslim religion are bound to become an issue.

www.womenarehuman.com/court-no-religious-exemption-from-strip-searches-by-opposite-sex-transgender-prison-guards-plaintiff-files-appeal/

OP posts:
Whatiswrongwithmyknee · 02/10/2021 10:50

Yep, this is all about putting more power in the hands of white men.

Jaysmith71 · 02/10/2021 10:38

US Law specifically states that convicted detainees do not enjoy most constitutional rights, and the Thirteenth Amendment states plainly that the status of prisoners is akin to legalised slavery.

AlexaShutUp · 02/10/2021 10:35

This is unbelievable, really.

It is a clear conflict of rights, yes, but surely in such a situation the rights of the person who is vulnerable as a result of being made to strip naked in front of another person trump the rights of the one who is in a position of power. The prison officer does not need to conduct that search as another officer could do it instead.

Shocking verdict imo, regardless of whether the prisoner was Muslim or not.

GoWalkabout · 02/10/2021 10:34

People on mental health wards who need to be observed in showers should also not be deliberately misled about the sex of the staff member in order to protect the staff member.

yourhairiswinterfire · 02/10/2021 10:34

If I asked for a female to search me, and there were females available to do it but instead they sent a male to strip me naked and search me, I'd consider it sexual assault.

Very disturbing. Why are the rights of a trans person considered more important than everyone else's? This is all shades of wrong.

endofagain · 02/10/2021 10:29

It isnt just prisons. I was thinking about this after being "patted down" going through airport security recently. I was thinking how unpleasant it would be for anyone in that situation if the airport staff member was the opposite sex. Currently same sex checks are taken for granted. That could change.

Whatwouldscullydo · 02/10/2021 10:29

Yes. This is a huge mess, and despite what we are told, there clearlyisa conflict of rights here. The lawyer bringing the case quite rightly argued that the guard's rights didn't trump the prisoner's rights. (Or shouldn't.)

I know people often don't care about people in prison but the way I see it is if we as a society or staff do not treat people according to basic concepts such as consent and usual expected basic level behaviour then how are we any better than the criminals tbe other side if the bars.

This is state sanctioned sexual assult whatever way u look at it

AlfonsoTheDinosaur · 02/10/2021 10:29

Not surprising. The law should be clear: prisoners should be searched by people of the same sex. It doesn't matter your religion or identity or anything else.

BlueBrush · 02/10/2021 10:24

I find it very disturbing to take someone to court for the right to see them naked. Wtf

Yes. This is a huge mess, and despite what we are told, there clearly is a conflict of rights here. The lawyer bringing the case quite rightly argued that the guard's rights didn't trump the prisoner's rights. (Or shouldn't.)

Whatwouldscullydo · 02/10/2021 10:17

It shouldn't even be a case of religious reasons. But a basic right not to ve searched by someone who's not the same sex as you.

This whole " list of acceptable reasons " thing is wrong whether its for men or women and I find it very disturbing to take someone to court for the right to see them naked. Wtf

Thelnebriati · 02/10/2021 10:16

This case is another example of why our Equality Act is so important.
Its not just Muslim men who would object to being searched by a transperson, and you have to wonder at the policies in that prison. Someone made the decision to let a transperson search a Muslim prisoner. That wasn't an accident.
I wonder how Muslim and other prisoners are treated generally in that prison.