The recent North Carolina controversy about who can use which gender designated bathroom reminds me of children’s arguments about which toy they can play with next. It totally baffles me why a modern State like North Carolina would rush HB-2 through and even more baffling why a former mayor of the vibrant commercial city of Charlotte would sign the bill into law.
Politics, in the sense of there is no place too low to go if one wants to win, is the most likely explanation. But why show everyone how pedestrian State politicians might be?
The advocacy groups who support transgender people being able to use which ever bathroom the individual feels most comfortable with has been somewhat as inane as the politicians supporting HB 2. Imagine (this may be an extreme) someone with facial hair (mustache, beard) who truly feels they are on the journey to identifying as a woman walking into a ladies room. Most anyone would react with surprise followed by some degree of uneasiness.
HB-2 also gratuitously opens the door for discrimination against gays by negating any local ordinances which specifically include sexual orientation as a basis for discrimination.
So, why was this necessary?
HB-2 was code named the “bathroom” law. Supporters cited the risk of allowing trans persons from using a bathroom of their choice that sexual predators would use this as cover and also enter women’s bathrooms and molest young children. Hmmm.
First, there is nothing in the law that prevents this from happening and most tellingly, there is no epidemic of predators invading women’s bathrooms now.
Through the fog of nonsense, however, HB-2 answers the concerns and hurt feelings of religious groups who still claim the Bible tells them being gay (and OMG, same sex marriage) is flat out wrong. Politicians who generally wear religion on their sleeve more vividly than in their heart have seen HB-2 as a sure fire vote getter.
The bill doesn’t outrightly call out gays, lesbians, and bi-sexuals for new “anti” measures. HB-2 is much more sophisticated. Since current North Carolina State law provides no specific protections around sexual orientation, HB-2 cleverly says no North Carolina city could enacts its own sexual discrimination laws.
Transgenders are the least understood LGBT group but the idea that a male born, female oriented person could use a lady’s bathroom just could not be imagined by many North Carolinians.
Not so long ago, when the gays rights movement was springing to life, a majority of Americans considered being gay a learned or nurtured condition. “Love thy neighbor as thy self” didn’t cut it among many religious groups nationally. Being gay was an undesirable condition.
But then something began to happen across American. Americans began to get to know someone who was gay and the condition became real. Suddenly, being gay was viewed as a result of nature, or in other words, being gay was a form of being normal.
While there are still religious groups which denounce homosexuality, most now make fools of themselves by claiming they respect a homosexual as a person but not the life style practices of homosexuals. Hmmm. Never the less,today, more than 50% of Americans support gay rights including same sex marriage.
North Carolina is not going to get this genie back in the bottle. Supreme Court rulings clearly prohibit sexual orientation as a valid basis for discrimination and have also approved same sex marriage as a right of gay couples. So there.
But what about these sexual predators?
Most people do not carry around their birth certificate so it is unreasonable to expect anyone to be able to prove what their sex at birth might have been. Male to female trans persons (assuming no beards) will use a stall in a lady’s room and no one will be the wiser anyways. Female to male trans would be expected to also select a stall when using a men’s room. So where will the provocation be?
Several times in my life time I have been in a restroom and someone from the opposite sex has come in. Usually it is with a young boy who doesn’t know (or want) to enter the room by himself. Other times it is a personal emergency such as a super long line to get in a lady’s room or some mechanical problem making the room unavailable. When nature calls, laws do not mean much.
The LGBT community is arguing HB-2 is about denying respect for transgender people. Maybe, but HB-2 more clearly reflects ignorance and foolishness on the part of State law makers. Transgender use of public bathrooms will in 99.9% of the cases not be recognized by anyone else (person with beard using a lady’s room excepted).
So why is this big deal?