The Obvious Discrimination in North Carolina’s "Bathroom Bill"

It is completely apparent that North Carolina’s law restricting the use of public bathrooms to the sex listed on an individual’s birth certificate is designed to encourage and act against transphobia. There is no other logic that would require this bill to be passed now.

If the law is designed to protect children, why is it being passed how with a focused on transgendered people? Heterosexual males, who were born men, could dress up as women and enter a woman’s bathroom to assault people before any specific law was passed.

Further, heterosexual males, who are born men, are vastly more likely to be sexual predators. This ties in to one of the recurring themes of fear against the LGBT community. The idea that LGBT individuals are more likely to be promiscuous and sexually deviant is not supported by facts. It is a social panic for a problem that does not exist. Transsexual people have not been accused of assaulting people in bathrooms, and even if they did, they are such a small minority of the population that there is no overwhelming need to single them out for rigorous legal restraint. More people in the United States have had a sexual experience with an animal than there are transgendered persons. This law was only passed as transgendered people have prominently entered the public consciousness.

The final factor that makes clear that this is a discriminatory law that is designed to placate panic and demonstrate disapproval of the LGBT community is that it is unenforceable. It is a bad law. Police cannot monitor every public bathroom and demand individuals, who they suspect are transgendered to produce their birth certificates. It is unreasonable and it would seem to require some sort of invasive profiling.

Bad laws and unenforceable laws destroy respect for the law. This argument over social norms would be better litigated in other civic arenas besides the courts and legislature.

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