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

0:00 I. All right. So I have two stories here focused on the trans community since the administration's at war with this community. So let's just go ahead and kick it off. Oh my gosh. I can't say that title. So I write like mean idols here when I'm like really mad and then I forget to change them. So let's just say duck face. Rainbow crosswalks. All right, so in a federal letter dated January or sorry, July 1st, transportation secretary Sean P. Duffy gave states 60 days to review intersection crosswalks and identify compliance concerns as part of his Safe Roads initiative. Duffy argued that non -standard colors have no place on public streets. Quote, roads are for safety, not political messages or artwork, he said. The Florida Department of Transportation, love that state, issued a similar memo cautioning city and county leaders that state funding could be withheld if they fail to comply. this directive specifically called for the removal of non -compliant traffic control devices and service surface markings including pavement art art and installations. Now, I wonder

1:31 who they're trying to go after here. Like what what kind of crosswalks are there so mad about and why are they all of a sudden mad about it? I don't know. But anyways, The agency had also pointed that the impact of autonomous vehicles stressing that consistent application of pavement surfaces is critical for their safe operation, which I mean, let's be real here. They're talking about, you know, the rainbow crosswalks. And if that messes up a Tesla or whatever POS autonomous car that you have, I don't think it's safe for the streets. Now what's really interesting here, available research contradicts the safety concerns.

2:19 A 2022 study which reviewed crash data from 17 asphalt art sites nationwide with at least two years of records found that colorful crosswalks, aka your rainbow crosswalks, the gay ones that everyone's afraid about, found 83 fewer crashes after the installations representing a reduction of more than 50 percent compared to the period before the crosswalks were painted, which this makes sense. Right. Because like when I encounter a quote art crosswalk or just rainbow crosswalk, it kind of like brings your attention to it.

3:08 Like you kind of when you're driving, you almost get kind of in this like zone of your driving. Everything's gray, whatever. And then you have this very colorful crosswalk. It pops out at you, kind of like jogs you, I don't know, awake and you're like, oh, this is a crosswalk. I can see a person very clearly against all the colors of the rainbow. But yeah, so the administration is trying to do away. So they're trying to do away with gay marriage. And now they're trying to do away with rainbow crosswalks. What do you think? I want to come back to the gay marriage one in a minute, because I think that there's some interesting things happening there, specifically within the Republican Party. They have really tapped into the fact that they're just leaning into the culture war stuff. Right. Their economic policies are crap. They're having a harder and harder and harder and harder time defending them every single fucking day because shit's still getting expensive. Vegetables are going up in price. Everything else is still getting worse economically and none of their plans are working.

4:21 And we're six months into the administration right now. And again, they did the same thing during the first administration where they were like, look how fast it'll get better. And it didn't. Right. And and so they they they go back to the well. It's red meat for their base. And that's that's that's all it is. Right. You're the transportation secretary and you have nothing better to do than worry about what color a sidewalk is painted. Congratulations. Like. Come on. And autonomous vehicles. We're just making crap up now. Just let's let's. be done with with the nonsense. Again, I kind of want to come back to the gay marriage one later as I had some time to kind of look into it. And I've got some some thoughts on that one. But why don't you tell us the other thing they're trying to do? Well, they didn't try. They 100 percent did. And by them, I mean our National Park Service, specifically Yosemite. So this is coming from the New York Times, but you can find the story everywhere today. So the National Park Service has fired Shannon Jocelyn, 35, who studies bats and has a PhD in genetics. They were employed as a wildlife

5:55 biologist at Yosemite National Park. They got fired because they helped drape a large transgender flag from a rock face back in May. They stated that the demonstration had taken place in a prohibited area and lacked the required permits. But this is where like things get a little interesting here. So the park banned public protests like this on May 21st after this had already happened. And Dr. Jocelyn said in an interview that the new rule had not gone into effect yet. When several climbers scaled the mountain face with the flag and the group had not been aware of the pending ban. The group also took down the flag before being ordered to. The demonstration also occurred during their own personal time. They were not on the clock. They also stated that everything that I did was off the clock and I had absolutely nothing to do with my capacity working for the National Park Service. I think that the administration is using me as a sign to tell all of our other federal employees that they have to be silent and comply or they will be eliminated. We made sure that no part of the flag would get in any kind of way of any climbers trying to climb the

7:27 routes that go through that area. So this is a very interesting stance. I believe this is a pretty In my opinion, this is a pretty harsh stance for a community that is. I mean, being attacked. Now, yes, if I went to where I work right now and I hung a flag on the side of the building. I would probably get in trouble. I don't even know if I would get fired. I might get fired, but. For a national park on your day off, when people are there climbing already. And then making an example out of this one person.

8:12 I don't know. I think it kind of sends the wrong message, but also I think the Park Service is kind of afraid of the current administration. What do you think? I got two things to think first. I almost feel bad for saying this, Dr. Jocelyn. Quote, everything I did was off the clock. Oh, sorry. I think the administration is using me as a sign to tell the federal employees to be silent and comply or they'll be eliminated. Yes, and water wet news at 11. Yeah, the administration is going to use jobs, your federal jobs to to make you comply with their political ideology.

8:53 Again, water wet like. Look, if you guys want to fight. This is the consequence, right? This this is the consequence Okay, and the thing that I have to say to people on this topic when they're like Why aren't people more people fight because they're not willing It hasn't gotten bad enough for people where we where people are willing to accept that there's gonna be like you want to really rebel and fight There's gonna be fucking consequences kids That's how this works Again Do I think she should have been fired? Absolutely not. I think it's a pretty clear First Amendment issue. I wouldn't even call it a demonstration or a public protest. But again, it's a First Amendment issue and am I shocked at the administrations going after First Amendment rights that goes against their political ideology? No. This isn't surprising to me at all not at all. It's sad, but it's not surprising So It's just this whole thing again makes you shake my head again, none of the economic policies are working either There's no peace deals, you know, there's nothing the wars are continuing and they can't get squat

10:23 done right Of any real consequence. So this is what they're gonna do to feed red meat to the base That's that's all there is to it Yeah Also speaking about feeding red meat to the base Something that I've a story that kind of popped up that I honestly do not understand I did not put it on the on the rundown actually kind of forgot to like look into this a little bit more so let's have a discussion a little miniature discussion here about this all the internet freaking out over a male NFL player sorry male NFL cheerleader which I honestly do not understand, like I really legit do not understand their stance because I think from the dawn of time or the dawn of cheerleading, there's always been male cheerleaders because they actually help support some of the girls. Did you guys not watch Bring It On? OK, come on. Classic fucking teen comedy with Eliza Dushku and Kirsten Dunst. And what is it? They're a bunch of male cheerleaders. It's a thing. It's always been a thing. There's male cheerleaders all over the thing. Again. Yeah, I. It's specifically

11:56 the things the Minnesota Vikings, right? And I've seen it spun two ways from conservatives. And let's be clear, it's not the internet, it's conservative internet people, right? And honestly, because they're bored, right? Somebody in the YouTube chats bring up George W. Bush was a male cheerleader at Yale, right? Like the fact of the matter is, is that I've seen it spun both the, why are you taking jobs from women? And I'm going to come back to that one in a minute, okay? Cause fuck you. And two, men and women's sports again, right? We're back on that thingy. So on that one, let's take the second one first.

12:39 You guys have been using that on the trans community. They're not trans people. They are men who are cheerleading. So let's not cross your streams with your weirdo fucking messaging, okay? And then I heard somebody be like, women can't play in the NFL. That's actually not true, okay? there have been women who've tried out and I think there was a couple who were like kickers who were close right and put it this way if there was a woman who could kick a 67 yard field goal do you not think that the nfl they don't give a shit they're they want to win okay okay this that's that but let's go back To the first thing the jobs thingy do not you fucking? Shit head hypocritical conservatives pretend for one fucking minute. You gave a shit about cheerleading as a job Okay cheerleaders across the NFL are underpaid Treated like fucking dirt right subject to what should be illegal working conditions and do this for love of what can only be described as a paid hobby Because all of those women have to have other jobs to support themselves. They cannot be cheerleaders. There is nowhere in the National Football League where cheerleading is a full -time paid position. It doesn't fucking exist.

14:04 So don't go be like, they're taking women's jobs. Fuck you. We didn't, you didn't give a goddamn about cheerleaders as a profession, right? Until this happened, that's one. Number two, you're talking about 32 NFL teams, okay? Yeah. How many fucking cheerleaders? What, like 50 per team? What, probably 160 NFL cheerleaders in all of existence at any given time? This is not a giant industry that the men are taking over all of a sudden. Okay? So fucking miss me with that shit. Just fucking miss me with it because it's just bullshit. Right? It's just bullshit. It's it's another thing for them to one and again, I just I don't fucking get it Who cares I don't know why they care I really don't Yeah, I I really I really did not get this I mean when I was in high school there was a male cheer cheerleader who was Not part of the LGBT community. It's how to do the little tossing shit and the catching Yeah, he was a little new He was on the track team He legit was like I'm here to hang out with

15:37 the girls Seems like a good idea to me Yeah, right Okay, and again, this is not new go watch bring it on okay You guys got a screening room in the White House, do me a favor, go flip it. It's a classic teenage comedy. It's actually a pretty good movie, okay? And the lives of the douche crew is hot, right? Like, let's just call it Spade Spade. It's fine. On the gay marriage thing, which you brought up earlier, right? And let me, for the audience who may not have kept up with this. Here's what's going on, and this is, I'm going to get to my weird takes about this in a minute. What's happening is Kim Davis, who is the woman we remember from ever so long ago, who got sued for not providing marriage licenses to gay couples after Obergefell, she was eventually fined and blah, blah, blah, blah, blah. She has now gotten her appeal. That's right, this is a blast from the first Trump administration, right? She's gotten her appeal all the way back up to the Supreme Court. She has applied for a writ of cert, right, which is the thing that you need to appear before the court. And what she's saying is that her fine should be wiped out and that Obergefell was wrongly decided.

16:55 Okay? Now, two things that are interesting about this, right? I have seen more conservative backlash against this idea than liberal backlash. There are so many Republicans who are like, don't do it. Don't do it. This will kill you. The gay marriage thing is settled. Most Republicans are in favor of it. Leave it the fuck alone. Do not.

17:49 Take four. Now, here's where my hot take comes in. Are we ready? If I was a liberal justice on the court, I'd absolutely fucking do it. Yeah. Let's hear her case. Right now. Let's do it. Right? If I was one of the three liberal justices on the court, I would absolutely give her fucking rip. I would say, let's hear this case. Join with Alito or what's his name? Why can't I think of his damn stupid name? Black guy, what's his name? God dang it chat help me out here. I don't know why I'm blanking on this Supreme Court justice name Thomas. God dang You know Alito and Thomas want to do it Alito and Thomas want to do it.

18:46 Okay. Oh I do it I do it force him to force him to do it because here's the deal It's the same thing with row. Okay the republican party has relied on these evangelicals to be a good 30 to 40 percent of their base for a long time a long time and the evangelicals were not getting what they were promised by the GOP now they are the checks are come and do okay the evangelical base is demanding demanding action on Roe Obergefell all this crap make them do it make them hear the fucking case and make them come out on one side or the other, okay? Because I'll bet you money, I will bet you money, they will not overturn Obergefell. They are not that fucking stupid, okay? A couple of reasons. Here's what you got.

19:41 You got the three liberals, right? You have the three liberals. I know this is so weird. Go look at Gorsuch's opinions. Gorsuch frequently pisses off the conservatives because he's got a weird libertarian streak in him and he also really likes Native Americans, okay? Literally, go look up his court stuff. Gorsuch never votes against Native Americans. If the Native Americans are suing the U .S. government, he's on the Native side. No one knows why. It's his pet project. It's weird. Go look it up. Gorsuch has come down. He came down actually on the trans issue. He was the deciding vote in Bostock that added gender identity to the items that you could not discriminate against and Gorsuch was the deciding vote and the one who wrote the majority opinion. He's got a weird libertarian streak to him where he's like, I don't like you guys fucking with this shit. Roe you can get away with because you're sending it back to the state so that kind of fits into his stupid libertarian mind, right?

20:45 You can't do the same thing with Obergefell and he knows it. He fucking knows it. Okay. So you've got four. Alito and Thomas are going to vote to overturn Obergefell. That's not a fucking question. I don't think Roberts will do it. I think he will say it's settled case law and he's not gonna overturn precedent. But what do you think of my hot take? Do you think the Liberals should make them do it? I know it's a risk, but I honestly agree with a lot of the conservatives I hear. You overturn Obergefell, man, that's the fuck, and you're gonna piss so many people off. Oh God, I don't, ooh. I mean... Kind of want to say like yes Take the risk. I don't think they'll overturn it. I don't think they will either but then there's like a there's part of me that's like No, Jay, they are that dumb. They want the they want the Civil War. I don't know where that voice came from. But yeah I don't know Yep Uh, and I want to say it was Gorsuch.

22:08 Here's the opinion in Bostock, right? And I want to show you guys this. Again, Gorsuch was the deciding vote, right? It's Bostock versus Clayton County. In each of these cases, an employer fired a long -time employee for being homosexual, transgender. Held. An employer who fires an individual merely for being gay or transgender violates Title VII, right? and I want to say and so this was Bostock this got decided in uh 2020 right just before the election right and then who wrote the Bostock opinion I want to say it was Gorsuch yep it was Gorsuch The 63 majority opinion was written by Justice Neil Gorsuch, who was Trump's first nominee to the Supreme Court. Remember, he was the first guy. He came before Kavanaugh and what's her name, right? Neil Gorsuch was the one that said, no, you can't fire transgender people for being transgender. Sorry. And I remember when that opinion came down and conservatives lost their minds because you got to remember Gorsuch was a Trump appointee. He was supposed to be their guy. and then he was like no no trans people you can't fire trans people for being trans like that's that's not allowed right these some of these justices get weird right and I don't know

23:40 what it is Yeah, he has a notable record conservative Native American law advocating for tribal rights and sovereignty How many of these has he got one two three four five decisions? Right that he has been like nope When it comes to Native Americans versus the US government I side with the Native Americans And no one knows why It's I always thought it was really interesting So, I don't know what do you think? Yeah, it I I kind of think they're going to try it like legit I Mean the simplest way out for Roberts because Roberts being who Roberts is is to is to convince them to not to deny cert And I go we're not even gonna hear the case. Fuck you we're not doing it okay and wait two more years right um i i don't i think the most likely scenario is that they're not gonna they're not gonna go right i think that gorsuch and the three liberals are

25:13 gonna say no and i think roberts is gonna say no and then i think cavanaugh or barrett Tony Barrett are going to say no to cert Just because they don't want the controversy They just don't want to deal with it So yeah, I don't think they're gonna hear the case I'm just saying if I was a liberal justice, I'd be like fuck. Yeah, let's do this. Come on fuckers. Let's go Put up a shut up time Yeah, you know just as good Gorsuch is the least terrible and occasionally helpful trouble would I do again I Don't I don't know why he is the way he is. He's really weird Right The boss doc one was the one where I went excuse me You did what now and I'm a nerd. Look, I read Supreme Court decisions because I think they're funny Right because sometimes they'll insert funny things like the words jiggery pokery Yes, the word jiggery pokery is in the Supreme Court decision from the last ten years Take that for what it's worth