I’m going to help the right wing out here.
They claim their goal is to keep people with penises out of women’s locker rooms and bathrooms, to keep little girls safe. Of course little girls aren’t generally in danger from strangers, nor from trans people, nor from anyone in bathrooms – they are at risk from people who have authority over them or who have a close relationship with them or their families. People like parents, siblings, priests, coaches, teachers, doctors, dentists, babysitters, family friends, uncles, etc. Usually the people abusing them are men (but not always), although the most common molester of young girls is a straight, non-trans man – almost certainly not someone who uses the women’s room, even in places that have non-discrimination laws that treat trans people like actual human beings.
The second fear is that a girl might see a penis. Of course we know that no girl should see a penis until her wedding night. Until then, she should assume that they are like Ken Carson (you know, Barbie’s boyfriend of 30+ years – but, hey, Barbie is a fairly progressive girl who won’t be tied down). That is, if you take their pants off, they, like Ken, have some sort of intersex condition that renders them penis-less (I’m happy that Ken and vagina-less Barbie found each other, as I’m sure both know what it is like to not fit expectations of gender).
The incompetent politicians behind these bills have stated that this isn’t meant to apply to people who have had surgery. For instance, North Carolina Governor Pat McCrory’s misnamed “Myths vs. Facts” email about HB2 includes this:
6. Does this bill mean transgender people will always have to use the restroom of the sex of their birth, even if they have undergone a sex change?
- Answer: No. This law simply says people must use the bathroom of the sex listed on their birth certificate. Anyone who has undergone a sex change can change their sex on their birth certificate.
Of course the answer isn’t correct – not everyone can, as some states don’t allow anyone to change their birth certificate, “sex change” (his terminology, not mine) or not. I know several people in this category – people with vaginas but with “M” on their birth certificates. And plenty of people can change their birth certificates without any surgeries – something I suspect Pat McCrory wasn’t aware of, since that would defeat his intentions of keeping women’s bathrooms penis-free. (I didn’t mention female-to-male transsexuals since that’s not a concern to McCrory – he’s not worried about boys seeing vaginas; and McCrory clearly has no idea that non-binary people exist).
So, if we ignore that wanting to force women – trans or not – to use the men’s room is evil and bigoted, and we want to ignore that it will cause great emotional distress to transwomen and result in violence towards trans people, and somehow we suspend our ethics long enough to engage in a thought experiment, we find that the bathroom laws being proposed screw up in two ways (usually):
- They don’t talk about penises, just birth certificates or “biological” sex (which is a lot more complex than “has penis” and “doesn’t have penis” (note that it is “doesn’t have penis”, not “has vagina”, in common application by bigots; note they also tend to think intersex people don’t exist)
- They don’t tend to make it illegal to use the “wrong” bathroom (occasionally they do, but neither North Carolina’s or Mississippi’s bathroom bills do this)
So I’ll help out: if you want to do this evil thing to trans people, who aren’t doing anything other than wanting to pee, you make a law that has the following:
- No person with a penis should ever enter a woman’s locker room or bathroom, except for the conditions the law lists (NC’s lists things like helping disabled people or bringing a baby boy into the woman’s room with his mother)
- There is some sort of punishment if a person with a penis is there
- People can be asked to prove they don’t have a penis to any interested party that sees them go into a restroom. Whether they have a penis or not, they should be required to yank down their pants and undergarment and prove it upon request. If they don’t have a penis, then they should be able to proceed. After all, we’re not worried about kids seeing vaginas.
Okay, maybe the last point would be too much for the immoral politicians proposing the bathroom bills.
But there’s a problem with the first and second point too: the right wing not only doesn’t want anyone to see a penis, they don’t want to say or write the word. If you’re a guy and say it, maybe they think you’re gay or something. I don’t know. The right wing just can’t say “penis.”
That’s why we get this legislations that references birth certificates, even though it actually requires some people with penises, if a business wants to discriminate, or if a government agency tries to “enforce” the law in a public building, to use the women’s locker room – because it’s very possible for some people with penises to have birth certificates that say “F” for many reasons. Don’t think that referencing chromosomes, “biology”, or whatever else gets you off the hook, either – XY chromosomes don’t guarantee a penis, after all. Never mind that XX and XY aren’t the only valid configurations of genes in humans – and some people who don’t fit expectations of people with no more than an elementary understanding of genetics might not even know that they have genetic weirdness (it is often found out when a couple has trouble getting pregnant and seeks medical advice).
Of course passing this “no-penis” legislation wouldn’t go far – it’s unconstitutional (for many of the same reasons HB2 and Mississippi’s laws are). When these kinds of laws are applied to a large population (like a state’s population), you also find out about the exceptions. What about people with prosthetic penises? If a woman is carrying a dildo, does that count? What about a man who lost his penis in an accident? Or someone who is intersexed and may not fit either M or F boxes neatly?
But at least, conceivably, it would accomplish their aims. Unless their aims really have nothing to do with girls seeing penises, and everything to do with trying to torture gender nonconformity out of trans people.