Witness: Rachel See at SCOTUS

My friend Rachel See of NCTE was in the courtroom today and wrote this compelling observation about what it was like.:

I don’t think I’ll be able to forget the look I saw from the bench. Near the start of the first case, Justice Kavanaugh looked up from whatever he was reading and seemed to stare straight at me. Straight through me. I met his gaze for a few moments, and then I realized that Aimee Stephens was sitting immediately behind me.

I don’t know what was running through Justice Kavanaugh’s mind. He asked a single question this morning, about whether the statute used the literal or the ordinary meaning of the word “sex”. I feel incapable of reading those tea leaves.

But in those few lingering moments, feeling his gaze upon me, I felt literally judged, as a trans woman, by a man in a position to affect the lives of me and my family and friends and the 1.4 million trans adults in America. A man with the power to declare, as Justice Sotomayor suggests the Court should say, that “invidious discrimination” against LGBT people must stop now, and that courts can and should use the broad language of Title VII to do so. But also a man with the power to declare, as our adversaries would have him say, that sex assigned at birth is destiny, and that an employer can dictate where you pee. And, by extension, someone with the power to declare that “invidious discrimination” against LGBT people will be permitted by the law, and even be encouraged in the name of “religious freedom”.

It is the most-uncomfortable I’ve ever felt in a courtroom. My heart goes out to Aimee Stephens, who felt the true focus of that gaze and the scrutiny of the Court and the media and all the vile hatred that we see on Twitter and “in the comments”. Aimee looked so tired this afternoon; who wouldn’t be tired, under all that scrutiny? I can’t imagine what she’s been through these past months, and I am in awe at her quiet strength and perseverance.

For all the discomfort I felt from Justice Kavanaugh’s scrutiny, the message I want to deliver to my trans and nonbinary friends is that you are seen by people who love you. You are seen by people who look upon you with friendship, with compassion, with love. By your chosen family, by allies, by people who will fight for all of us. In a few months we may very well lose at the Supreme Court; win or lose on these cases, the fight will continue. And we will not be alone, because we exist. We are seen. We are loved.

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