Officials in 11 states sued the federal government Wednesday, contending that it does not have the authority to tell school districts that they must permit students to use restrooms that match their gender identity. This is in response to “significant guidance” issued earlier this month by lawyers for the Department of Education and the Justice Department as to how schools must accommodate transgender students.
This comes after a mirror-image situation in North Carolina where, in response to an anti-discrimination ordinance passed by the city of Charlotte, the state Legislature passed a bill saying that people may only use public restrooms that correspond to their sex at birth.
There may be an interesting question or two here about federalism or local control, but the motivating factors are hysteria, bigotry and fear – all of which are at best unbecoming. Worse, they are based on an imaginary problem and the presumption that those who are different are evil.
The lawsuit and the North Carolina “bathroom bill,” both focus on the idea of transgender women – individuals who identify as women, but who were born biologically male – sharing restrooms with women and girls. Safety and privacy are cited as concerns.
But why automatically look at transgender women as criminals? Transgender is not a synonym for pervert or sex fiend. And why assume others’ privacy is at risk? People are rarely naked in public restrooms and stalls have doors.
Moreover, would not a transgender woman have an even greater interest in displaying modesty and keeping to herself direct evidence of her sex at birth. The whole point, after all, is to express herself as a woman.
Besides, how would a law like North Carolina’s be enforced?
The extent of any problem with transgender individuals using public restrooms is self-evident. There is none, at least not for the rest of us. If anything, transgender men and women are the ones at risk.
The Colorado Anti-Discrimination Act prohibits discrimination in all public accommodations on the basis of “sexual orientation.” That includes transgender people. Then-Gov. Bill Ritter signed it into law in 2008, and the sky has not fallen.
