Let us be clear: HB2 cannot be compared to the injustice of Jim Crow. In fact, it is insulting to liken African Americans’ continuing struggle for equality in America to the liberals’ attempt to alter society’s accepted norms.
Recently, U.S. Attorney General Loretta Lynch compared HB2 to Jim Crow. Jim Crow laws were put into place to keep an entire race positioned as second-class citizens. HB2 simply says that men and women should use the restroom of their biological sex in government buildings and schools. This comparison is highly offensive and utterly disrespectful to those families and individuals who have shed blood and lost lives to advance the cause of civil rights. I take this as a personal slap in the face because I was an active participant in the civil rights movement.
Internal experiences and sensations are not material realities and cannot be legislated. Gender resides in your psychology. It’s interesting they use the term ‘sense.’ We can’t legislate senses because they are highly inaccurate. Also if ‘there are a variety’ of individual experiences of gender, which ones matter?
Moving onto ‘Gender expression’ we see the words ‘behaviour’ and ‘appearance.’ A person’s behaviour and appearance aren’t connected to a person’s sex. Sex is independent of gender. You cannot change your clothes in order to change your sex. You are born a sex that is clearly defined and immutable.
Gender is independent of sex. Gender is an invented concept of patriarchy. It’s a hierarchy with ‘femininity’ at the bottom and ‘masculinity’ on top. Gender behaviours and appearances are learned, and it means they can be unlearned. A female infant is not born with a predilection to play with dolls or wear pink. She is taught that this is her ROLE. I know I’m preaching to the choir here but this is mainly for people who don’t understand the differences.
Feminism rejects gender because it teaches females behaviours and attitudes that are detrimental to our freedoms as human beings.
Transactivists are enforcing gender stereotypes ‘masculinity’ and ‘femininity.’ They’re saying if a boy plays with dolls, flicks his long hair, and claims he’s a girl, he really is a girl.
Relatively few Americans considered bathroom access a civil rights issue until last week. They deserve to hear the arguments pro and con before making up their own minds. Much remains to be said and learned about the issue; truncating this conversation just as it is beginning is wrong (and arguably violates the Administrative Procedure Act).
Here are just a few questions that people might have asked before making up their minds. How uncomfortable are people with the prospect of those with different anatomies sharing their bathrooms? Is this discomfort likely to grow or decline? Since gender identity cannot be confirmed before entering bathrooms, how great is the risk of voyeurism or other abuses? How costly will it be to provide gender-neutral bathrooms, and how would people of all genders feel about such alternatives? Will market pressures such as the boycotts against North Carolina’s bathroom regulation produce a better mix of solutions than the government’s one size fits all?
And how many transgender people actually experience indignity when using traditional bathrooms, and what is the nature of this indignity? Discomfort about using a urinal when men at nearby urinals think one is a woman? Annoyance at having to wait for a stall to conceal one’s anatomy?
Feminists objected to the use of ‘he’ to refer to people in general, which made women as a class invisible. The new politics of gender identity, by contrast, is concerned with the way pronouns are used in reference to specific individuals. As the writer I quoted earlier explains, pronouns are ‘a big deal’ because
They’re the definitive way we acknowledge and respect a person’s gender in everyday conversation.
The principle that underlies this assertion is that individuals have a right to be referred to with the pronouns which, in their own view, most appropriately reflect their gender identity. It should not be assumed that everyone is either ‘he’ or ‘she’: individuals who identify as trans, non-binary, agender or genderqueer may prefer an alternative, epicene form. ‘They’ is one of the available options, but sources which aim to document non-traditional pronoun use exhaustively, like this tumblr, list scores of other possibilities.
The acceptance of this principle has produced a new form of linguistic etiquette: announcing one’s ‘preferred pronouns’ and taking steps to ascertain the preferred pronouns of others. Some universities now invite students to register their pronouns: at Harvard around half the student body so far have availed themselves of this option (though only about 50 students out of 10,000 have specified a pronoun other than ‘he’ or ‘she’). And the New York City Human Rights Commission recently issued legal guidance which made clear that an employer or landlord who failed to use an employee or tenant’s preferred name, title and pronouns would be guilty of unlawful discrimination.
These are states in which gender identity laws have already been passed, yet protection for sex-segregation is also explicitly allowed by statute. This differs from the recent DOJ interpretations of “sex” where “gender identity” is not a separate concept, but one and same with “sex.”
The “gender identity” definition is on the right in column D. The (s)exception language protecting sex-segregation in certain spaces is in column C, middle. Compare and contrast!!
Don’t let anyone tell you there is no statutory or historical support for a female right to privacy from males in certain spaces of public accommodation.
If you had told my younger self that I would be writing an article in support of Republican legislation I might have laughed at you. But as a leftist who prioritizes women’s rights I find myself in support of Republican Gov. McRory and the new bathroom laws in my state of North Carolina.
All mainstream discussions of North Carolina’s new bathroom laws are using memes to criticize it. Which is useful if you’re not a fan of critical thinking, but it seems memes and messages like them are adequate legal arguments in the court of public opinion. So what’s the deal?