Laws and Practical Applications

Laws and practical application don’t converge.  When laws are crafted they are not crafted with the singular intention of being enforced.  Don’t be lulled into a false sense that the law will protect you.  Don’t believe me?  How’s the Affordable Care Act for an example?  We’re at least a decade and maybe three away from full implementation and compliance. And oh by the way the major groups that are most affected by the law are ignoring their obligations.  Only when there is a real and indefeasible threat of severe financial penalty will they attempt to comply.

Laws state in black and white the rights conveyed and the protections afforded.  There’s a long distance between the legislature and the judiciary. And truth be told if the populace decides to selectively follow a law your rights and protections are subordinated to the masses.  Look, people don’t think obvious laws don’t apply to them or only apply in selected situations.  “I’m in a hurry so I’ll run this red light or skip a few stop signs.  If nobody catches me I can’t be doing anything wrong.”

What about bathroom privileges?  We may have laws that state we have the right to utilize the facility that aligns with our gender identification.  Some places respect it, others turn a blind eye (utilize at your risk), while others defer to the almighty dollar; concerned that patrons won’t understand and may choose to drop coin in another establishment.

The line is clear; at least in the law.  But people ain’t the law and the law ain’t people.  It takes a brave person to flaunt public opinion.  If you can pull it off, wonderful.  If not do you pursue legal remedies?  That involves time and money and may be preceded by emotional and possibly physical discomfort.

Yes I know if there isn’t a leader there will be no followers.  I’m not advocating for either position.  I’m also not a rabble rouser – at least not all the time. I would never suggest you do something I would not do ahead of you. I’m a victim as are others who are attempting to circumvent the uncompassionate.  Maybe I’m too expedient.  I suggest cautious and measured thought process.  My response might be different if I was full-time and everyone of consequence in my life knew.  I would be less hesitant to allow others to countermand my affirmed rights.

Maybe we should put a few establishments out of business – those who don’t support our rights.  Win the battle but lose the war.  Gain the hill but lose popular support. I’m trying to figure the net benefit.  I’m not smart enough to know the right answer.  Maybe my absolute crossover point is a plumbing change or the twelve-month period preceding surgery. 

These are trying times.  The course of action changing based upon the terrain and the attitude of the indigenous population.

Proceed cautiously.  Try to make more friends than enemies.

Love and hugs, Nikki DeCaro