A legal right is simply a freedom or entitlement allowed to citizens as encoded in law. If people who meet all the other requirements have a different legal ability to serve in the military just based on whether theyāre cisgender or transgender, then they donāt have the same rights.
The fact that weāre reading and talking about it means this isnāt true. These tend to be normal to slightly above average male athletes getting attention for crushing female athletes in female-only events.
The non-athletic male would himself be average to above average in most early age female sports, and probably less so as they age up.
To be fair itās really not about the presence or absence of a penis. There are trans women that you probably would never notice in a busy female bathroom, Just as there are trans men who have a vagina that would cause an absolute panic where they to walk into the female bathroom on Capitol Hill.
Itās not about safety or the presence or absence of a penis, itās about peopleās comfort levels, and that will vary based on the appearance of the trans individual and not whatās between their legs.
Rejecting a West Point applicant based on color blindness might not be a violation of a right, but you could certainly say that color blind people donāt have the same rights as non-color blind people.
As to bathrooms, women clearly donāt have the right to use bathrooms without a penis present, as evidenced by all the mothers who bring their baby or very young boy children into the bathroom. Iād say that itās pretty typically accepted that women have the right to use womenās bathrooms without men present. Itās a bit murkier as to whether they have the right to use womenās bathrooms without transgender women present, especially since some transgender women still have penises and some do not. That murkiness is why this is part of the national discussion.
It seems like itās ok (in some peopleās minds) that some people can be made to feel āuncomfortableā while other people can never be made to feel uncomfortable.
Personally I donāt care who uses what bathroom. Here in California almost all public restrooms are āgender neutralā (which results in women now having to deal with piss on toilet seats) anyway.
And I donāt care what standards the military uses for admittance. Were we disappointed that my color blind son was rejected from West Point? Of course. Do I think itās appropriate to file a lawsuit or go on a national crusade for color blind ārightsā?
Access to government jobs and public facilities implicates peoplesā rights. The fact that we impose certain justifiable restrictions, such as your ability to do the job, does not mean that the entire topic is unrelated to peoplesā rights. Practically everything that we think of as a right comes with some legitimate restrictions. For example, it is commonplace to say that, depending on state law, a felon loses the ārightā to vote. It would be odd to say that there is no right to vote because people under the age of 18 canāt vote.