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Starter Pack - Opening Discussion

This discussion covers the musical acts in presidential inaugurations, federal court cases on transgender rights, and the difference between sex and gender discrimination. It also delves into the Obama and Trump administrations' stance on transgender rights and the concept of federalism.

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Starter Pack - Opening Discussion

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  1. Starter Pack - Opening Discussion Will repko – Michigan State University

  2. Opening thoughts: The Opening Starter back can be confusing. The goal of this discussion is to boost your familiarity for practice speeches. To this end: • Feel free to ask questions – I won’t feel like you are interrupting. In fact, your questions are the whole point. • If there’s something that confuses you in the starter pack, it’s very likely to be something that others have questions about as well. So, ask.

  3. Tier of Musical Acts Take a second and think of some musical acts that fall into each of these tiers: TIER ONE – “I SELL OUT A CONCERT IN 10 SECONDS OR LESS” TIER TWO – “NOW I PERFORM IN VEGAS… BUT I USED TO SELL OUT A CONCERT IN 10 SECONDS OR LESS”… TIER THREE – PERFORMING AT COUNTY FAIR TIER FOUR – TIM MAHONEY’S GARAGE BAND

  4. Presidential Inauguration – 2009 Here’s who performed or spoke: Beyonce U2 Oprah Tom Hanks Denzel Washington

  5. Presidential Inauguration – 2017

  6. Jackie Evancho 2010 – 2nd place finish in America’s Got Talent She agrees to do the 2017 Inauguration Afterwards…. She requests something of Donald Trump Evancho v. Pine-Richland School District (outside of Pittsburgh)

  7. How Federal Courts Work:District Courts… Then Federal Circuit Courts.. Then “SCOTUS”.

  8. A few Court cases involving trans- students: Whitaker v. Kenosha unified school district – out of Wisconsin. Here. The 7th Circuit (Federal Circuit) ruled in favor of the trans- student. Evancho v. Pine-Richland School District - out of Pennsylvania…. Here, a District court ruled in favor of a trans- student. Gloucester County School Board v. G.G. (Gavin Grimm) – in the 4th Circuit (Virginia).

  9. Gavin Grimm’s winding legal road: Step One – The Gloucester County School Board says Grimm cannot use the bathroom that corresponds to his gender identity (can’t use the boys room – and instead uses the bathroom used by the high school’s nurse) Step Two – Grimm makes a legal appeal – and loses in district court. Step Three – Grimm makes another appeal – and wins in Federal Circuit Court Step Four - Gloucester County School Board appeals to SCOTUS. And they accept. … but wait – there’s more:

  10. Here’s where things get interesting.: Suppose the Georgetown Debate Seminar has the following policy: "The Georgetown camp has zero-tolerance for sex discrimination" Take a second and think about these examples – and whether they violate that policy: #1 - Maggie gets fired - and the stated reason is because Maggie is wearing a red shirt. # 2 - Maggie and two other staff members that identify as female - are denied luxury staff housing because it is too expensive to give such nice housing to a small group that cannot fill an apartment. But all of the 14 people on staff that identify as "male" are given luxury housing. # 3 - Maggie gets fired - and the stated reason is that "she should dress differently and conduct herself in a manner that is more classically "feminine".

  11. About Title IX The difference between “biological sex” and “gender” The word “sex discrimination”… and does it apply to “gender” ?...

  12. What the Obama-era Agencies Said:

  13. What the new Trump Agencies said: State’s Rights rationale:

  14. Back to Gavin Grimm Gavin Grimm won the right to use the boys room BECAUSE the Obama Administration (and their *agencies* like the Dept of Education) said: “not letting trans- students use the bathroom that corresponds ot their gender identity is SEX DISCRIMINATION” Gavin Grimm then lost the right to use the boys room BECAUSE the Trump administration said: “this is an issue of State’s Rights”

  15. Agency Deference - explained

  16. “Excess State Flex” - explained

  17. Other important case arguments Social Trends Target Stores Does anti-discrimination law work

  18. Federalism - explained

  19. Topicality Issues

  20. Additional Negative arguments

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