this post was submitted on 08 Sep 2023
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I honestly think that's semantics. If the preamble doesn't matter, then why is it there? Why have it if it doesn't mean anything? Just because one is called a preamble and one a definition doesn't mean that people won't use either as the "real" definition. Maybe you could have argued that several years ago, but you certainly can't now.
I do see what you're saying, but I'm talking about it in practice of the current political climate, not the ideal, normal way of doing things.
IANAL but isn't there an issue with "if any data is collected it must define someone as a man or a woman" doesn't allow there to be an "unknown." Therefore you could potentially skew things like crime or Healthcare statistics by counting all unknowns as one gender or the other.
Secondly, the definition "shall identify each individual... as male or female at birth" also provides a problem as one presumably can now kick back a whole bunch of stuff with the message "yes but this data doesn't contain their sex at birth, please provide birth certificates for all 128,323 members of this list"
We all knew where this was going and making fun of the preamble is way more fun than going "well shit there's another state ruining lives."
I'm not from there and didn't know where it was going, and this user's explanation is very important, I'm glad they shared it <3