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.

What a “Pro-Life” Vote Requires

Americans, vote pro-life in 2016. I’m proudly pro-life (but not in the way you think) – I believe you should:

  • Vote against the death penalty.
  • Vote against war.
  • Vote against expanding the military-industrial complex.
  • Vote against militarization of our police
  • Vote for comprehensive health care for all
  • Vote for safety net social services.
  • Vote for gun control
  • Vote for intelligent, nuanced foreign policy
  • Vote for policies that help remediate institutionalized racism

Oh, you thought I was telling you to vote against abortion? Well, yes, you should do that too – I’d say:

  • Vote for comprehensive sex education
  • Vote for the rights of all capable parents to adopt (including gays)
  • Vote for widespread, easy, affordable birth control
  • Vote for access to emergency contraception
  • Vote for affordable and available child care for working parents
  • Vote for comprehensive prenatal care
  • Vote for parental leave
  • Vote for financial supports to allow a parent to remain at home if they desire

There is a political party that opposes everything pro-life. I wouldn’t vote for them.

Why I’m Annoyed at the Right Wing

I grew up conservative, and I still believe in personal freedom and for government to know where they money is coming from when they create our budgets.

But the right wing in America seems to have lost track of these core values of conservatism. Here’s what I mean:

  • They support small government. That means government should stay out of things like the environment and banking regulation (things that impact innocent people if big corporations get them wrong), but should be intimately involved – literally – in people’s personal lives. Do you have anal or oral sex? Are you gay? Etc – even when no innocent parties are hurt (or, indeed, impacted at all) by these actions. Doesn’t sound like small government.
  • They want to promote wealth, because wealth building in turn promotes job creation through investment. But the biggest wealth-creating institution – marriage – in the US should be closed off to 10% of the population, according to these “conservatives.”
  • They claim that too much money is spent on social programs. Yet, when you say, “We can eliminate over 50% of spending in one set of social programs,” they don’t want to do that! Why? Because they don’t want to use effective programs to prevent unwanted pregnancy, like government funded birth control (which pays for itself many times over in social spending savings). They can’t stomach the idea of sex without life-devestating consequences.
  • Likewise, they claim to be pro-life, while being pro-death-penalty, restricting access to social safety nets, and, most significantly, restricting access to comprehensive sex education and birth control – two things that are directly linked to reduced abortions.
  • They believe in religious freedom, except when it comes to religions that want to do something they don’t like. Like marrying gays.

Seriously, if there is one thing I can’t stand, it’s hypocrites. And there seems to be plenty of them in the right wing today.