[UPDATED BELOW with ‘before’ and ‘after’ screen snaps of Paul Scott’s legislative bio page]
I’m actually ashamed to say that this just occurred to me. You do, of course, recall Half-Term Paul Scott, the clown who – in the state with the worst economic situation in the nation – is running for Secretary of State on an anti-transsexual platform?
State Rep. Paul Scott, (R-Grand Blanc), announced his candidacy for the GOP nomination for Secretary of State just five days ago, but he’s already caused a shock wave.
Scott, who just completed the first year of his first two-year term in the state House [says his anti-transsexual platform]
was about “values.”“It’s a social values issue. If you are born a male, you should be known as a male. Same as with a female, she should be known as a female,” he said.
When asked to explain how such a mandate from the Secretary of State would benefit Michigan, he said it was about “preventing people who are males genetically from dressing as a woman and going into female bathrooms.”
While Scott is aware that federal courts have ruled that gender dysphoria, the medical diagnosis for transgender persons, was a disability, he said he did not think he would run afoul of discrimination laws. For the 27-year-old state representative, the issue is about biological gender.
He said his mandate would be in place even for those who had completely undergone sex reassignment surgeries.
And then it hit me.
You see, in addition to being a Sarah Palin of the Michigan Legislature, he’s also a law student at the University of Michigan Law School.
Presumably, he’s actually intending to become an attorney – which means, again presumably (based on similar administrative garbage I had to deal with whilst a law student in Texas aiming to practice law in Texas), that he has already filed some sort of paperwork with the Michigan Bar.
And, even if not, if he’s simply still in school, he’s subject to academic honesty and other ethical standards.
PUBLIC HEALTH CODE (EXCERPT)
Act 368 of 1978
333.2831 New certificate of birth; establishment; requirements. Sec. 2831.
The state registrar shall establish a new certificate of birth for an individual born in this state when the registrar receives the following:
(c) A request that a new certificate be established to show a sex designation other than that designated at birth. The request shall be accompanied by an affidavit of a physician certifying that sex-reassignment surgery has been performed.
If I’m interpreting Michigan’t power structure correctly, the Registrar is not under the control of the Secretary of State. Nevertheless, Paul Scott is essentially announcing beforehand that, if elected, he will refuse to abide by Michigan statute section 333.2831(c), a valid enactment by the elected representatives of the people of the State of Michigan; he is saying that he will not allow a Michigan driver’s license to reflect the information contained on a transsexual’s birth certificate if it isn’t the information that he personally thinks should be there – even if the elected representatives of the people of the State of Michigan, 32 years ago, recognized the reality of transsexualism and, in turn, decided that a person’s primary piece of identification documentation should reflect the reality of a transition from male to female or female to male.
Interestingly enough, the oath of office of Michigan Secretary of State contains no command to obey the statutory law of the state.
All officers, legislative, executive and judicial, before entering upon the duties of their respective offices, shall take and subscribe the following oath or affirmation: I do solemnly swear (or affirm) that I will support the Constitution of the United States and the constitution of this state, and that I will faithfully discharge the duties of the office of [Secretary of State] according to the best of my ability. No other oath, affirmation, or any religious test shall be required as a qualification for any office or public trust.
Consequently, it may actually not a slam dunk that such a pre-refusal to obey Michigan statutory law equates to a before-the-fact admission that his taking the oath of office would be fraudulent.
But don’tcha think it smells?
And that it smells really bad?
Perhaps bad enough to be viewed by a law school and/or a professional licensure authority as being unethical? Perhaps evidencing a sufficient lack of character either to be a lawyer or even to be in law school?
But, alas, look at what has been going on recently at the Wolverine Tech Lawyer Factory:
In 2007, Professor Peter Hammer filed suit against the University of Michigan Law School for unlawfully denying him tenure based on his sexual orientation. Professor Hammer alleged that he was the first openly gay professor to be considered for tenure at the University of Michigan Law School, and the first man in the history of that institution to be denied tenure. Hammer was denied tenure by a faculty vote, which at 18-12 in favor of tenure, fell two votes short of the 2/3 majority required by the school’s rules.
Hammer had been recommended for tenure with a 4-1 vote from the tenure committee. The complaint alleges breach of contract, predicated on representations of nondiscrimination during pre-employment negotiations, as well as University policies and by-laws prohibiting discrimination on the basis of sexual-orientation. Rather than building an affirmative case that no discrimination took place, the University’s initial stance was to maintain that its by-laws and non-discrimination policies had no legal meaning and created no rights.
The Law School filed two Motions for Summary Disposition that were denied. The trial court ruled that Hammer had established a legitimate claim of discrimination and that a trial on the merits was warranted.
Oh well, it sounds like Paul Scott is at home in Ann Arbor (BTW – if you want to have some fun, ask an Iowa student – during football season – who Ann Arbor is.)
But, still, it might be worthwhile to let the law school know what’s up with one of their students.
Perhaps the same people don’t serve on both the tenure and expulsion committees.
UPDATE – 2/15/2010
A commenter below asserted that Scott has actually graduated from the U of Michigan Law School.
As I responded, when I referenced it the page did indeed say that he was still a student. Being paranoid a citizen of the U.S. under the Patriot Act, I covered my butt and dumped a PDF of that page – and here is a snip of the relevant section as it appeared live on Jan. 21, 2010:
Now, here is that same section as it is this evening:
Is there any significance to the change?
Was it a feeble attempt at a cyber rope-a-dope?
However, I do know what that page looked like when first I encountered it – and now you all do as well.