I hope you vote NO for Governor McRory!

If you live in North Carolina, you know about HB2 – the bill that has cost you the NBA playoffs, caused your tourism officials to spend your money to explain why a discriminatory law isn’t actually discriminatory, and generally been a way for Mr. McRory to keep his name in the press (at your expense).

I visited North Carolina when I was in high school, on a trip to a national science event. I listened as Duke University and North Carolina State tried to influence our college selection process.  I remember experiencing the best of southern hospitality, seeing a beautiful state. When I got home, I decided that there were only a few places I wanted to live – and North Carolina was one of them. Alas, I got lucky and didn’t get to move to the beautiful state of North Carolina, but instead am fortunate enough to live in a state where we have legislators focused on problems like K12 education and roads. I’m sad that such a wonderful state, with wonderful people, has chosen to hang out a sign saying, “Trans people are unwelcome here!”

Isn’t Common Sense

You’ll hear this phrase a lot from Pat McRory – that bathrooms are a common-sense issue.  What he really means is that people generally are ignorant of the complexities in the science of sex (the biology of people in our species, that is, not the act). I’m not speaking of gender identity, but actual sex, as in what genitals a person has and what chromosomes they have. One example: an individual might have XY chromosomes but have a vagina (from formation in the womb). It also means, “I don’t have a good reason to defend this, so I’m counting on you not thinking too hard about it.” Nor are all states and nations uniform in birth certificate law – some allow you to change the birth certificate with no surgery at all. I suspect Pat McRory either is completely ignorant of the issues (and, thus, incompetent) or a liar. You can decide.

Not Protecting Kids

Kids are being exploited in North Carolina already. Typically, it’s a relative, family friend, or someone in authority over the kid (like a teacher or priest). It’s typically someone that is seen as trustworthy. It’s not typically a stranger – child sexual abuse thrives on the abuser keeping his acts secret, which means he’ll (usually a “he”) want to groom a child first, to ensure that the child doesn’t tell an adult. This law does nothing to stop these kinds of abuses.  Other abuses, such as an adult (of either sex or gender) exposing his or her genitals in front of a child, or watching a child in a state of undress for the purpose of sexual gratification are, already, illegal in North Carolina – in fact, unlike HB2, the law that makes these things illegal actually has a penalty attached to it. There is no penalty under HB2 for a person using the wrong bathroom, just a requirement for governments to allow private businesses to discriminate and for governments to actively ensure trans people are discriminated against.

Doesn’t Fix Privacy

I don’t want to be stared at in a pool locker room by a man or a woman. I expect most people feel the same way. I expect that you feel even stronger if I talked about whether or not a man should be able to sit in a pool locker room all day and watch boys undress – of course you would be angry and want to do something about it. HB2 doesn’t address this. What would address this is building code changes! I suspect plenty of breast cancer survivors, accident victims, abuse survivors, and others would like a truly private place to change. Heck, even trans people want this – the highest desire for the vast majority of trans people is to blend in so they don’t get killed.

Experience Elsewhere

You literally have more chance of being hit by lightning or winning the Powerball Lottery than being abused by a trans person in a locker room or bathroom. Don’t believe me? Go Google lottery winners, lightning strikes, and “assault by trans person in bathrooom”. Perhaps North Carolina’s Governor could spend his time legislating about lightning strikes to defend kids! In places with non-discrimination law, men who violate the privacy of women’s facilities are still prosecuted and jailed (for instance, in liberal Boulder Colorado, a man who watched women in women’s bathrooms and porta-potties was successfully prosecuted and sentenced to prison – Boulder’s non-discrimination law was no obstacle for prosecutors to successfully overcome).

Safety of Trans People

What is a problem elsewhere is assault on trans people, particularly people who decide to take matters into their own hands and enforce their view of gender on the trans person. As collateral damage, women who look too masculine are also subject to bathroom policing. In some cases, these non-trans women have been dragged out of bathrooms, even after the women tried to show a driver’s license, by, ironically, men acting as bouncers or security. These bathroom laws don’t just make using a bathroom more dangerous for trans people that are “clocked”, but for non-trans women who don’t look stereotypically feminine.

Disclosure: I don’t live in North Carolina, and have no plans on changing that until North Carolina treats all their citizens fairly under the law.  This is my personal opinion, and was not society by any candidate, PAC, or similar group.

NC HB2 – and How NC Protects Children

Yes, you actually read this right.

North Carolina has been in the news lately, due to an absurd law aimed at stigmatizing trans people (see a previous post, http://crimeagainstnature.org/2016/03/24/north-carolina-cant-even-do-the-wrong-thing-right/).  Basically, the law, which includes no penalty for non-compliance, requires government to designate multi-stall bathrooms for use by only one gender as indicated on birth certificates. It also prevents cities and counties from passing non-discrimination ordinances for pretty much anything, including to require bathroom access be properly allowed. Obviously, this is problematic.

The stated reason for these laws is to protect young boys and girls from sexual predators, who, apparently, will enter a bathroom of a gender different than their birth certificate and expose themselves and/or watch the children for sexual gratification.

Note that the law doesn’t make it illegal to enter a bathroom based on your birth certificate (you may be committing trespass however, if the property owner does not approve, if your birth certificate isn’t what the state thinks it should be).

That said, it is a felony (and has been for some time) for an adult (anyone 16 or older) take indecent liberties (which includes exposing the adult’s genitals) with a child (NC § 14-202.1) – if someone is 5 years older (or more) than the child, for the purpose of arousing or gratifying sexual desire. There’s a similar law in NC § 14-202.2 that applies to children committing this against another child. One difference between the adult and child versions is that someone 16+ years old needs to be 5 years older than the victim under 16, while a child committing the similar child crime needs to only be three years older. Thus, it’s indecent liberties with a child if a 15 year old exposes themself to a 12 year old, but not if a 16 year old exposes themself to a 12 year old. Maybe that would be worth fixing if the state wasn’t so fixated on keeping transwomen out of bathrooms.  Importantly it doesn’t matter what sex the victim or the perpetrator are – same or different sex, the law still applies. And there is no exception for bathrooms or locker rooms.

So I decided to investigate a few things.  Particularly, how does North Carolina protect children and others from sexual and other acts, other than just indecent liberties.

North Carolina wisely disallows children under 14 from marrying, even if pregnant.  But if there is a pregnancy, there can be a marriage of a child to another person.  The fetus doesn’t need to actually be born, since abortion is legal in NC.

NC § 14-12.7 prohibits masks on public roads and sidewalks – intended to make some KKK activities illegal, no doubt. Fortunately NC § 14-12.11 protects the traditional Halloween costume, masquerade balls, labor union meetings (sometimes), and anyone that has the permission of the town’s board.  There is no exception for my tinted motorcycle helmet however.

NC does regulate sexual activity, perhaps to protect children along with, apparently, others, like gay men.  For instance, § 14-177 makes “crime against nature” illegal – basically any penetration (however slight) other than a penis into a vagina between two people (or any sex with an animal), consensual or not.  See here for some more details (note the link includes discussion of child sex abuse). Of course much of the activity technically illegal under state law was determined to be legal under Lawrence v. Texas, but for some inexplicable reason, NC’s legislature doesn’t want to repeal this law – they want all you straight people having oral sex to know you shouldn’t do that.

NC § 14-184 makes fornication & adultery illegal.  Basically, it’s fornication if a straight couple has sex where both are unmarried, and it’s adultery if one or both are married to someone else – but NC goes a bit further and makes all cohabitation or “bedding” together illegal if it is done “lewdly and lasciviously” – you get to figure out what that means. However, if the two people are the same sex, it’s okay under this law (I don’t think they got around to making this law gender neutral even after their homosexual sex law became invalidated).  Too bad North Carolina doesn’t have an anti-discrimination law that includes sexual orientation! But because they don’t, straight people don’t have the protections gays have, at least as far as fornicating together in bed. Oh, it’s also illegal if the fornicating/adulterating (?) couple checks into a hotel and claims to be married (NC § 14-186).

NC’s sexual obscenity statute (NC § 14-190.1) defines sexual conduct as to include the portrayal of someone naked or in undergarments being tortured. I don’t know if the Catholic Church and others who depict Christ crucified realize the sexual undertones of their portrayals – but fortunately there’s an out in the reasonableness standard, at least until there are enough people offended by that depiction to declare it obscene.

Apparently unknown to state legislators, NC § 14-190.9 makes it illegal for an adult – same sex or opposite sex – to, in a public place (which is places the public can go – most business and government bathrooms, for instance) expose their genitals to a child under 16 for “arousing or gratifying sexual desire.”  Even better than HB2 because it actually addresses the concern raised by legislators and others in passing HB2, this protects kids from all adults, and is actually targeted at the problem that legislators didn’t realize they already solved years ago.

In addition, NC § 14-196 protects us all – adult and children – from phone sex, which is illegal in NC (also computer sex, if done using a computer modem – I personally think that would hurt, but obviously I don’t have the mind of a legislator in North Carolina).

So, certainly, North Carolina seems to have found all sorts of strange ways to protect us from gay sex, wearing the wrong motorcycle helmet, marrying at 14 (unless pregnant or making pregnant!), telling hotel clerks you’re married when you aren’t, and phone sex.

Perhaps they would be better off trying to make bathrooms actually safe. You know, safe not just from imagined predators, but safe for trans people – including trans kids. You start that process by not giving state approval to bigotry.