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.

The Bathroom Law the Right Wing Actually Wants

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.

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.

North Carolina Can’t Even do the Wrong Thing Right

North Carolina passed a hateful law, targeting “liberal” cities like Charlette, NC, that had the audacity to think that LGBT people should be treated like…well…like people. In doing so, the North Carolina Republican Party demonstrated itself incompetent at government.

Buck Angel

Buck Angel, a very masculine (and, according to people attracted to men, very attractive) man. From Flickr.

No, I’m not saying they are incompetent because they did something I disagree with, or even because they are discriminating against people. No, they are incompetent because they failed to achieve the supposed aim of the legislation.

What do I mean by failing to achieve their aim? Their aim was multifaceted, but supposedly it was about the children. We have statements from the Lt. Governor (via thinkprogress.org) about a recently passed Charlotte municipal ordinance that allowed trans people to be protected in employment, housing, and public accommodations. He said “…the loophole this ordinance created would have given pedophiles, sex offenders, and perverts free reign to watch women, boys, and girls undress and use the bathroom.”

Apparently, in North Carolina, top state government officials believe that there is no law preventing pedophiles, sex offenders, and perverts from going into a bathroom and having “free reign” to watch women, boys, and girls undress.  Of course the law (you can read the law here) doesn’t say “Pervert’s can’t watch people getting undressed.”  It says that public schools and universities can’t accommodate trans students in an appropriate way, yes, but it doesn’t make watching people getting undressed any more or less legal than it was before. It doesn’t include any punishment for being in the “wrong” bathroom.  It certainly doesn’t stop a pedophile man from going into the boy’s room and being a pedophile there.

Let me say that again: Nothing in this law creates a punishment for using the wrong bathroom! Nor does this law stop a private business, private school, or private university from allowing trans and other people to use an appropriate bathroom. The law just prevents a city from enacting an ordinance that would require private individuals to do the right thing, and prevents public educational facilities from actively implementing the correct ethical choice. Nor does this law address the concern of pedophiles watching people undress in a bathroom (for what it’s worth, North Carolina must have different bathrooms than Colorado, for I can’t recall ever seeing a naked body in the bathroom in Colorado).

But it’s worse – clearly what was intended, although unsaid, was that nobody with a penis should be in a girl’s or woman’s room. My question to North Carolina: Why didn’t you write the law that way, rather than defining “biological sex” as what is on a birth certificate? I’m not saying I agree with that (I do not), but I do think they just made it illegal for some people with the “wrong” genitals to use the facility that North Carolina believes corresponds to those genitals.

In the hopes that some North Carolina legislator might actually educate himself (I note almost all legislators there are men), I’ll explain what most of the country doesn’t need me to explain.  Let’s say a woman has had sex reassignment surgery (SRS). This woman was almost certainly born with an “M” on her birth certificate. You do not need to change your birth certificate to have sex reassignment surgery. So, this woman, post-SRS, very well may have a birth certificate that says “M”. In fact, some countries and states will not change the birth certificate even if a person has had SRS. Now, this woman, with no penis and with a vagina, labia, and other “woman parts”, perhaps cosmetically indistinguishable from any other woman (depending on her surgeon and procedure),  has a birth certificate with an “M”. If she is attending a public university, or is a teacher at a public school, in the state of North Carolina, her school would be required to make her use the men’s/boy’s room.  Was that intended? I doubt it.

What about Buck Angel, a FTM (Female to Male) porn star, who’s picture is above in this article? I don’t know if Buck has changed his birth certificate to say “M” – nor is it really any of my business. But if his birth certificate says “F”, it appears that North Carolina has given him a lot more reason to be in a girl’s bathroom in North Carolina. I somehow doubt this was the intent. I doubt most women, except for particularly open-minded women, would feel comfortable if they saw Buck in the bathroom or locker room they were using. (note that I don’t think Buck is a pervert – everything I’ve read on him is that he is a strong, respected advocate and nothing indicates he is a pervert in the least)

But, it gets worse. The law also allows people who haven’t had surgery to enter the “wrong” bathroom.  Depending on state or national law, a handful of places allow birth certificates to be changed upon request – no medical documentation needed. If your 55 year old predator happened to live in such a place, he certainly could ask for the certificate to be changed, and, thanks to the full faith and credit clause of the constitution, he would be recognized as female, even if he was not trans and had no intention of presenting as anything other than a creepy man. NC, did you really intend to open that door?

Many states – including some very large ones – also allow trans people to change their birth certificates without surgery. Thus, the very people you intended to keep out of the “wrong” bathrooms very likely have exactly what you wish to sort-of require – a birth certificate listing the penis-possessing woman as female. Was that your intent? I doubt it.

I wrote all of this to point out the ineptitude of the North Carolina Republican government – they can’t do the wrong thing right, and frankly are unqualified to write laws. But, I would be remiss if I didn’t mention some other problems. Laws like this tend to encourage violence. They give “courage” to violent individuals who hate LGBT people. Will a trans person using the “wrong” bathroom be beat or killed in the next few months in North Carolina? I hope not. What about a butch lesbian?

And that brings us to the final problem – you can’t tell someone’s sex by looking at them (even naked). The Olypmics and every other major sporting organization has struggled with this, and nobody has found a perfect test. Chromosomes aren’t perfect (some people have more than two sex chromosomes such as XXY; others have a combination of XX and XY within their body; others might be XX but have penises; the variations go on and on). Hormone levels aren’t perfect, both because of the ability to artificially change and because of the tremendous variation among humans. Even genitals don’t allow us to neatly divide the world into two parts.

So my final question – would is a woman like Khadijah Farmer be challenged just for peeing in North Carolina? It should be noted that Khadijah is not trans, presumably has a vagina, and presumably has an “F” on her birth certificate. Khadijah was Transgender Legal Defense and Education Fund’s first non-transgender client, after she was ousted from a New York City bar because a bouncer didn’t believe she was a woman.