Trump’s War on Trans Rights： Rainbow Crosswalk Ban & Yosemite Flag Fallout - Error Code Show

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I. All right. So I have two stories here focused

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on the trans community since the administration's

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at war with this community. So let's just go

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ahead and kick it off. Oh my gosh. I can't say

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that title. So I write like mean idols here when

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I'm like really mad and then I forget to change

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them. So let's just say duck face. Rainbow crosswalks.

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All right, so in a federal letter dated January

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or sorry, July 1st, transportation secretary

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Sean P. Duffy gave states 60 days to review intersection

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crosswalks and identify compliance concerns as

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part of his Safe Roads initiative. Duffy argued

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that non -standard colors have no place on public

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streets. Quote, roads are for safety, not political

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messages or artwork, he said. The Florida Department

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of Transportation, love that state, issued a

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similar memo cautioning city and county leaders

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that state funding could be withheld if they

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fail to comply. this directive specifically called

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for the removal of non -compliant traffic control

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devices and service surface markings including

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pavement art art and installations. Now, I wonder

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who they're trying to go after here. Like what

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what kind of crosswalks are there so mad about

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and why are they all of a sudden mad about it?

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I don't know. But anyways, The agency had also

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pointed that the impact of autonomous vehicles

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stressing that consistent application of pavement

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surfaces is critical for their safe operation,

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which I mean, let's be real here. They're talking

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about, you know, the rainbow crosswalks. And

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if that messes up a Tesla or whatever POS autonomous

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car that you have, I don't think it's safe for

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the streets. Now what's really interesting here,

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available research contradicts the safety concerns.

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A 2022 study which reviewed crash data from 17

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asphalt art sites nationwide with at least two

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years of records found that colorful crosswalks,

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aka your rainbow crosswalks, the gay ones that

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everyone's afraid about, found 83 fewer crashes

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after the installations representing a reduction

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of more than 50 percent compared to the period

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before the crosswalks were painted, which this

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makes sense. Right. Because like when I encounter

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a quote art crosswalk or just rainbow crosswalk,

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it kind of like brings your attention to it.

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Like you kind of when you're driving, you almost

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get kind of in this like zone of your driving.

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Everything's gray, whatever. And then you have

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this very colorful crosswalk. It pops out at

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you, kind of like jogs you, I don't know, awake

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and you're like, oh, this is a crosswalk. I can

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see a person very clearly against all the colors

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of the rainbow. But yeah, so the administration

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is trying to do away. So they're trying to do

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away with gay marriage. And now they're trying

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to do away with rainbow crosswalks. What do you

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think? I want to come back to the gay marriage

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one in a minute, because I think that there's

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some interesting things happening there, specifically

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within the Republican Party. They have really

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tapped into the fact that they're just leaning

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into the culture war stuff. Right. Their economic

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policies are crap. They're having a harder and

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harder and harder and harder time defending them

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every single fucking day because shit's still

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getting expensive. Vegetables are going up in

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price. Everything else is still getting worse

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economically and none of their plans are working.

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And we're six months into the administration

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right now. And again, they did the same thing

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during the first administration where they were

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like, look how fast it'll get better. And it

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didn't. Right. And and so they they they go back

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to the well. It's red meat for their base. And

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that's that's that's all it is. Right. You're

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the transportation secretary and you have nothing

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better to do than worry about what color a sidewalk

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is painted. Congratulations. Like. Come on. And

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autonomous vehicles. We're just making crap up

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now. Just let's let's. be done with with the

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nonsense. Again, I kind of want to come back

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to the gay marriage one later as I had some time

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to kind of look into it. And I've got some some

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thoughts on that one. But why don't you tell

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us the other thing they're trying to do? Well,

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they didn't try. They 100 percent did. And by

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them, I mean our National Park Service, specifically

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Yosemite. So this is coming from the New York

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Times, but you can find the story everywhere

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today. So the National Park Service has fired

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Shannon Jocelyn, 35, who studies bats and has

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a PhD in genetics. They were employed as a wildlife

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biologist at Yosemite National Park. They got

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fired because they helped drape a large transgender

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flag from a rock face back in May. They stated

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that the demonstration had taken place in a prohibited

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area and lacked the required permits. But this

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is where like things get a little interesting

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here. So the park banned public protests like

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this on May 21st after this had already happened.

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And Dr. Jocelyn said in an interview that the

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new rule had not gone into effect yet. When several

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climbers scaled the mountain face with the flag

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and the group had not been aware of the pending

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ban. The group also took down the flag before

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being ordered to. The demonstration also occurred

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during their own personal time. They were not

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on the clock. They also stated that everything

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that I did was off the clock and I had absolutely

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nothing to do with my capacity working for the

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National Park Service. I think that the administration

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is using me as a sign to tell all of our other

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federal employees that they have to be silent

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and comply or they will be eliminated. We made

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sure that no part of the flag would get in any

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kind of way of any climbers trying to climb the

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routes that go through that area. So this is

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a very interesting stance. I believe this is

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a pretty In my opinion, this is a pretty harsh

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stance for a community that is. I mean, being

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attacked. Now, yes, if I went to where I work

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right now and I hung a flag on the side of the

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building. I would probably get in trouble. I

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don't even know if I would get fired. I might

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get fired, but. For a national park on your day

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off, when people are there climbing already.

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And then making an example out of this one person.

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I don't know. I think it kind of sends the wrong

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message, but also I think the Park Service is

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kind of afraid of the current administration.

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What do you think? I got two things to think

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first. I almost feel bad for saying this, Dr.

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Jocelyn. Quote, everything I did was off the

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clock. Oh, sorry. I think the administration

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is using me as a sign to tell the federal employees

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to be silent and comply or they'll be eliminated.

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Yes, and water wet news at 11. Yeah, the administration

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is going to use jobs, your federal jobs to to

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make you comply with their political ideology.

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Again, water wet like. Look, if you guys want

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to fight. This is the consequence, right? This

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this is the consequence Okay, and the thing that

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I have to say to people on this topic when they're

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like Why aren't people more people fight because

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they're not willing It hasn't gotten bad enough

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for people where we where people are willing

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to accept that there's gonna be like you want

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to really rebel and fight There's gonna be fucking

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consequences kids That's how this works Again

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Do I think she should have been fired? Absolutely

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not. I think it's a pretty clear First Amendment

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issue. I wouldn't even call it a demonstration

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or a public protest. But again, it's a First

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Amendment issue and am I shocked at the administrations

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going after First Amendment rights that goes

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against their political ideology? No. This isn't

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surprising to me at all not at all. It's sad,

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but it's not surprising So It's just this whole

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thing again makes you shake my head again, none

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of the economic policies are working either There's

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no peace deals, you know, there's nothing the

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wars are continuing and they can't get squat

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done right Of any real consequence. So this is

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what they're gonna do to feed red meat to the

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base That's that's all there is to it Yeah Also

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speaking about feeding red meat to the base Something

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that I've a story that kind of popped up that

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I honestly do not understand I did not put it

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on the on the rundown actually kind of forgot

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to like look into this a little bit more so let's

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have a discussion a little miniature discussion

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here about this all the internet freaking out

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over a male NFL player sorry male NFL cheerleader

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which I honestly do not understand, like I really

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legit do not understand their stance because

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I think from the dawn of time or the dawn of

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cheerleading, there's always been male cheerleaders

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because they actually help support some of the

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girls. Did you guys not watch Bring It On? OK,

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come on. Classic fucking teen comedy with Eliza

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Dushku and Kirsten Dunst. And what is it? They're

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a bunch of male cheerleaders. It's a thing. It's

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always been a thing. There's male cheerleaders

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all over the thing. Again. Yeah, I. It's specifically

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the things the Minnesota Vikings, right? And

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I've seen it spun two ways from conservatives.

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And let's be clear, it's not the internet, it's

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conservative internet people, right? And honestly,

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because they're bored, right? Somebody in the

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YouTube chats bring up George W. Bush was a male

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cheerleader at Yale, right? Like the fact of

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the matter is, is that I've seen it spun both

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the, why are you taking jobs from women? And

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I'm going to come back to that one in a minute,

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okay? Cause fuck you. And two, men and women's

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sports again, right? We're back on that thingy.

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So on that one, let's take the second one first.

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You guys have been using that on the trans community.

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They're not trans people. They are men who are

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cheerleading. So let's not cross your streams

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with your weirdo fucking messaging, okay? And

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then I heard somebody be like, women can't play

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in the NFL. That's actually not true, okay? there

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have been women who've tried out and I think

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there was a couple who were like kickers who

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were close right and put it this way if there

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was a woman who could kick a 67 yard field goal

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do you not think that the nfl they don't give

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a shit they're they want to win okay okay this

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that's that but let's go back To the first thing

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the jobs thingy do not you fucking? Shit head

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hypocritical conservatives pretend for one fucking

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minute. You gave a shit about cheerleading as

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a job Okay cheerleaders across the NFL are underpaid

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Treated like fucking dirt right subject to what

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should be illegal working conditions and do this

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for love of what can only be described as a paid

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hobby Because all of those women have to have

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other jobs to support themselves. They cannot

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be cheerleaders. There is nowhere in the National

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Football League where cheerleading is a full

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-time paid position. It doesn't fucking exist.

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So don't go be like, they're taking women's jobs.

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Fuck you. We didn't, you didn't give a goddamn

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about cheerleaders as a profession, right? Until

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this happened, that's one. Number two, you're

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talking about 32 NFL teams, okay? Yeah. How many

00:14:28.179 --> 00:14:30.960
fucking cheerleaders? What, like 50 per team?

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What, probably 160 NFL cheerleaders in all of

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existence at any given time? This is not a giant

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industry that the men are taking over all of

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a sudden. Okay? So fucking miss me with that

00:14:46.159 --> 00:14:49.059
shit. Just fucking miss me with it because it's

00:14:49.059 --> 00:14:58.279
just bullshit. Right? It's just bullshit. It's

00:14:58.279 --> 00:15:00.399
it's another thing for them to one and again,

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I just I don't fucking get it Who cares I don't

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know why they care I really don't Yeah, I I really

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I really did not get this I mean when I was in

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high school there was a male cheer cheerleader

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who was Not part of the LGBT community. It's

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how to do the little tossing shit and the catching

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Yeah, he was a little new He was on the track

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team He legit was like I'm here to hang out with

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the girls Seems like a good idea to me Yeah,

00:15:42.759 --> 00:15:47.559
right Okay, and again, this is not new go watch

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bring it on okay You guys got a screening room

00:15:50.500 --> 00:15:52.960
in the White House, do me a favor, go flip it.

00:15:53.179 --> 00:15:55.860
It's a classic teenage comedy. It's actually

00:15:55.860 --> 00:16:00.659
a pretty good movie, okay? And the lives of the

00:16:00.659 --> 00:16:04.419
douche crew is hot, right? Like, let's just call

00:16:04.419 --> 00:16:08.860
it Spade Spade. It's fine. On the gay marriage

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thing, which you brought up earlier, right? And

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let me, for the audience who may not have kept

00:16:13.220 --> 00:16:16.720
up with this. Here's what's going on, and this

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is, I'm going to get to my weird takes about

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this in a minute. What's happening is Kim Davis,

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who is the woman we remember from ever so long

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ago, who got sued for not providing marriage

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licenses to gay couples after Obergefell, she

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was eventually fined and blah, blah, blah, blah,

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blah. She has now gotten her appeal. That's right,

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this is a blast from the first Trump administration,

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right? She's gotten her appeal all the way back

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up to the Supreme Court. She has applied for

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a writ of cert, right, which is the thing that

00:16:47.240 --> 00:16:49.639
you need to appear before the court. And what

00:16:49.639 --> 00:16:51.480
she's saying is that her fine should be wiped

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out and that Obergefell was wrongly decided.

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Okay? Now, two things that are interesting about

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this, right? I have seen more conservative backlash

00:17:04.220 --> 00:17:09.200
against this idea than liberal backlash. There

00:17:09.200 --> 00:17:13.059
are so many Republicans who are like, don't do

00:17:13.059 --> 00:17:18.519
it. Don't do it. This will kill you. The gay

00:17:18.519 --> 00:17:21.559
marriage thing is settled. Most Republicans are

00:17:21.559 --> 00:17:26.299
in favor of it. Leave it the fuck alone. Do not.

00:17:49.229 --> 00:17:57.430
Take four. Now, here's where my hot take comes

00:17:57.430 --> 00:18:00.809
in. Are we ready? If I was a liberal justice

00:18:00.809 --> 00:18:04.849
on the court, I'd absolutely fucking do it. Yeah.

00:18:05.130 --> 00:18:09.130
Let's hear her case. Right now. Let's do it.

00:18:09.269 --> 00:18:12.430
Right? If I was one of the three liberal justices

00:18:12.430 --> 00:18:16.170
on the court, I would absolutely give her fucking

00:18:16.170 --> 00:18:20.170
rip. I would say, let's hear this case. Join

00:18:20.170 --> 00:18:23.910
with Alito or what's his name? Why can't I think

00:18:23.910 --> 00:18:30.039
of his damn stupid name? Black guy, what's his

00:18:30.039 --> 00:18:35.059
name? God dang it chat help me out here. I don't

00:18:35.059 --> 00:18:37.259
know why I'm blanking on this Supreme Court justice

00:18:37.259 --> 00:18:42.259
name Thomas. God dang You know Alito and Thomas

00:18:42.259 --> 00:18:46.099
want to do it Alito and Thomas want to do it.

00:18:46.160 --> 00:18:51.299
Okay. Oh I do it I do it force him to force him

00:18:51.299 --> 00:18:53.859
to do it because here's the deal It's the same

00:18:53.859 --> 00:18:57.400
thing with row. Okay the republican party has

00:18:57.400 --> 00:19:00.559
relied on these evangelicals to be a good 30

00:19:00.559 --> 00:19:04.099
to 40 percent of their base for a long time a

00:19:04.099 --> 00:19:06.779
long time and the evangelicals were not getting

00:19:06.779 --> 00:19:09.740
what they were promised by the GOP now they are

00:19:09.740 --> 00:19:12.980
the checks are come and do okay the evangelical

00:19:12.980 --> 00:19:19.759
base is demanding demanding action on Roe Obergefell

00:19:19.759 --> 00:19:24.539
all this crap make them do it make them hear

00:19:24.539 --> 00:19:28.450
the fucking case and make them come out on one

00:19:28.450 --> 00:19:31.490
side or the other, okay? Because I'll bet you

00:19:31.490 --> 00:19:34.869
money, I will bet you money, they will not overturn

00:19:34.869 --> 00:19:37.990
Obergefell. They are not that fucking stupid,

00:19:38.970 --> 00:19:41.730
okay? A couple of reasons. Here's what you got.

00:19:41.789 --> 00:19:44.470
You got the three liberals, right? You have the

00:19:44.470 --> 00:19:47.220
three liberals. I know this is so weird. Go look

00:19:47.220 --> 00:19:50.539
at Gorsuch's opinions. Gorsuch frequently pisses

00:19:50.539 --> 00:19:52.900
off the conservatives because he's got a weird

00:19:52.900 --> 00:19:55.660
libertarian streak in him and he also really

00:19:55.660 --> 00:19:58.220
likes Native Americans, okay? Literally, go look

00:19:58.220 --> 00:20:01.380
up his court stuff. Gorsuch never votes against

00:20:01.380 --> 00:20:03.460
Native Americans. If the Native Americans are

00:20:03.460 --> 00:20:05.400
suing the U .S. government, he's on the Native

00:20:05.400 --> 00:20:08.900
side. No one knows why. It's his pet project.

00:20:09.359 --> 00:20:12.970
It's weird. Go look it up. Gorsuch has come down.

00:20:12.990 --> 00:20:16.009
He came down actually on the trans issue. He

00:20:16.009 --> 00:20:19.829
was the deciding vote in Bostock that added gender

00:20:19.829 --> 00:20:22.849
identity to the items that you could not discriminate

00:20:22.849 --> 00:20:25.750
against and Gorsuch was the deciding vote and

00:20:25.750 --> 00:20:29.970
the one who wrote the majority opinion. He's

00:20:29.970 --> 00:20:34.410
got a weird libertarian streak to him where he's

00:20:34.410 --> 00:20:36.710
like, I don't like you guys fucking with this

00:20:36.710 --> 00:20:41.160
shit. Roe you can get away with because you're

00:20:41.160 --> 00:20:42.759
sending it back to the state so that kind of

00:20:42.759 --> 00:20:45.480
fits into his stupid libertarian mind, right?

00:20:45.720 --> 00:20:47.519
You can't do the same thing with Obergefell and

00:20:47.519 --> 00:20:51.220
he knows it. He fucking knows it. Okay. So you've

00:20:51.220 --> 00:20:55.259
got four. Alito and Thomas are going to vote

00:20:55.259 --> 00:20:56.940
to overturn Obergefell. That's not a fucking

00:20:56.940 --> 00:21:07.359
question. I don't think Roberts will do it. I

00:21:07.359 --> 00:21:09.500
think he will say it's settled case law and he's

00:21:09.500 --> 00:21:13.000
not gonna overturn precedent. But what do you

00:21:13.000 --> 00:21:14.519
think of my hot take? Do you think the Liberals

00:21:14.519 --> 00:21:19.859
should make them do it? I know it's a risk, but

00:21:19.859 --> 00:21:21.299
I honestly agree with a lot of the conservatives

00:21:21.299 --> 00:21:23.759
I hear. You overturn Obergefell, man, that's

00:21:23.759 --> 00:21:25.940
the fuck, and you're gonna piss so many people

00:21:25.940 --> 00:21:37.269
off. Oh God, I don't, ooh. I mean... Kind of

00:21:37.269 --> 00:21:41.130
want to say like yes Take the risk. I don't think

00:21:41.130 --> 00:21:43.670
they'll overturn it. I don't think they will

00:21:43.670 --> 00:21:46.109
either but then there's like a there's part of

00:21:46.109 --> 00:21:51.609
me that's like No, Jay, they are that dumb. They

00:21:51.609 --> 00:21:55.369
want the they want the Civil War. I don't know

00:21:55.369 --> 00:21:58.970
where that voice came from. But yeah I don't

00:21:58.970 --> 00:22:06.319
know Yep Uh, and I want to say it was Gorsuch.

00:22:08.079 --> 00:22:11.579
Here's the opinion in Bostock, right? And I want

00:22:11.579 --> 00:22:13.940
to show you guys this. Again, Gorsuch was the

00:22:13.940 --> 00:22:16.960
deciding vote, right? It's Bostock versus Clayton

00:22:16.960 --> 00:22:20.400
County. In each of these cases, an employer fired

00:22:20.400 --> 00:22:23.299
a long -time employee for being homosexual, transgender.

00:22:23.700 --> 00:22:26.900
Held. An employer who fires an individual merely

00:22:26.900 --> 00:22:30.579
for being gay or transgender violates Title VII,

00:22:31.359 --> 00:22:35.799
right? and I want to say and so this was Bostock

00:22:35.799 --> 00:22:41.240
this got decided in uh 2020 right just before

00:22:41.240 --> 00:22:45.200
the election right and then who wrote the Bostock

00:22:45.200 --> 00:22:51.420
opinion I want to say it was Gorsuch yep it was

00:22:51.420 --> 00:22:55.380
Gorsuch The 63 majority opinion was written by

00:22:55.380 --> 00:22:57.900
Justice Neil Gorsuch, who was Trump's first nominee

00:22:57.900 --> 00:23:00.279
to the Supreme Court. Remember, he was the first

00:23:00.279 --> 00:23:02.700
guy. He came before Kavanaugh and what's her

00:23:02.700 --> 00:23:06.539
name, right? Neil Gorsuch was the one that said,

00:23:06.640 --> 00:23:08.640
no, you can't fire transgender people for being

00:23:08.640 --> 00:23:12.700
transgender. Sorry. And I remember when that

00:23:12.700 --> 00:23:16.700
opinion came down and conservatives lost their

00:23:16.700 --> 00:23:18.940
minds because you got to remember Gorsuch was

00:23:18.940 --> 00:23:21.599
a Trump appointee. He was supposed to be their

00:23:21.599 --> 00:23:27.960
guy. and then he was like no no trans people

00:23:27.960 --> 00:23:30.140
you can't fire trans people for being trans like

00:23:30.140 --> 00:23:36.599
that's that's not allowed right these some of

00:23:36.599 --> 00:23:40.619
these justices get weird right and I don't know

00:23:40.619 --> 00:23:52.440
what it is Yeah, he has a notable record conservative

00:23:52.440 --> 00:23:54.619
Native American law advocating for tribal rights

00:23:54.619 --> 00:23:57.200
and sovereignty How many of these has he got

00:23:57.200 --> 00:24:02.519
one two three four five decisions? Right that

00:24:02.519 --> 00:24:07.099
he has been like nope When it comes to Native

00:24:07.099 --> 00:24:09.480
Americans versus the US government I side with

00:24:09.480 --> 00:24:17.700
the Native Americans And no one knows why It's

00:24:17.700 --> 00:24:22.170
I always thought it was really interesting So,

00:24:23.069 --> 00:24:35.089
I don't know what do you think? Yeah, it I I

00:24:35.089 --> 00:24:38.450
kind of think they're going to try it like legit

00:24:38.450 --> 00:24:43.049
I Mean the simplest way out for Roberts because

00:24:43.049 --> 00:24:46.849
Roberts being who Roberts is is to is to convince

00:24:46.849 --> 00:24:49.730
them to not to deny cert And I go we're not even

00:24:49.730 --> 00:24:51.799
gonna hear the case. Fuck you we're not doing

00:24:51.799 --> 00:25:02.519
it okay and wait two more years right um i i

00:25:02.519 --> 00:25:06.619
don't i think the most likely scenario is that

00:25:06.619 --> 00:25:08.940
they're not gonna they're not gonna go right

00:25:08.940 --> 00:25:13.039
i think that gorsuch and the three liberals are

00:25:13.039 --> 00:25:15.539
gonna say no and i think roberts is gonna say

00:25:15.539 --> 00:25:20.539
no and then i think cavanaugh or barrett Tony

00:25:20.539 --> 00:25:23.980
Barrett are going to say no to cert Just because

00:25:23.980 --> 00:25:27.440
they don't want the controversy They just don't

00:25:27.440 --> 00:25:33.099
want to deal with it So yeah, I don't think they're

00:25:33.099 --> 00:25:36.680
gonna hear the case I'm just saying if I was

00:25:36.680 --> 00:25:38.119
a liberal justice, I'd be like fuck. Yeah, let's

00:25:38.119 --> 00:25:42.279
do this. Come on fuckers. Let's go Put up a shut

00:25:42.279 --> 00:25:46.599
up time Yeah, you know just as good Gorsuch is

00:25:46.599 --> 00:25:48.839
the least terrible and occasionally helpful trouble

00:25:48.839 --> 00:25:55.420
would I do again I Don't I don't know why he

00:25:55.420 --> 00:26:03.880
is the way he is. He's really weird Right The

00:26:03.880 --> 00:26:06.059
boss doc one was the one where I went excuse

00:26:06.059 --> 00:26:09.759
me You did what now and I'm a nerd. Look, I read

00:26:09.759 --> 00:26:11.400
Supreme Court decisions because I think they're

00:26:11.400 --> 00:26:14.349
funny Right because sometimes they'll insert

00:26:14.349 --> 00:26:17.150
funny things like the words jiggery pokery Yes,

00:26:17.190 --> 00:26:19.910
the word jiggery pokery is in the Supreme Court

00:26:19.910 --> 00:26:26.569
decision from the last ten years Take that for

00:26:26.569 --> 00:26:27.069
what it's worth