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FL Bill Would Imprison TSs for Using Bathrooms
By Jetackuu 2015-02-09 18:54:55
I see great harm in avoiding reality. What great harm?
Stop quipping and explain your position. You might actually convince me.
Now who's being obtuse?
You're the only one who is "quipping" so nice projection. ANSWER THE *** QUESTION! Stop being a *** ***!
See, I can pretend I'm yelling in text too!
I already answered the question, you're being obtuse. If you don't like my response then block me, your *** waiving is boring.
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By Shiva.Onorgul 2015-02-09 18:56:04
Cerberus.Senkyuutai said: »I have a ***, my chromosomes are XY, why would you change it to F on my passport just because I dress and act like a girl? Just why? Again, it's identification, not biometrics. Identification is to determine you are recognizable based on your appearance, it's not a medical document.
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By Shiva.Onorgul 2015-02-09 18:56:45
I already answered the question No, you haven't. You claim there's harm but you cannot identify any harm. And you clearly have no interest in backing up your position, probably because it's untenable.
By fonewear 2015-02-09 18:57:59
I see great harm in avoiding reality. What great harm?
Stop quipping and explain your position. You might actually convince me.
Now who's being obtuse?
You're the only one who is "quipping" so nice projection. ANSWER THE *** QUESTION! Stop being a *** ***!
See, I can pretend I'm yelling in text too!
I already answered the question, you're being obtuse. If you don't like my response then block me, your *** waiving is boring.
Obtuse them fighting words I reckon !
By Jetackuu 2015-02-09 18:58:55
I already answered the question No, you haven't. You claim there's harm but you cannot identify any harm. And you clearly have no interest in backing up your position, probably because it's untenable. Oooh, using words to make you sound smarter, so cool.
No, I did state as to why, you're just being obtuse.
I have no interest in babying you, just because you enjoy throwing a tantrum like a child.
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By Shiva.Onorgul 2015-02-09 19:05:07
Oooh, using words to make you sound smarter,
so cool. Except I write like this all the time, so your weak attempt at ad hominem is, well, weak.
No, I did state as to why, you're just being obtuse. Direct me to where you said it because I'm not remembering it. If you think so little of your own opinion that you can't indicate where it was, I'll be sure to share your disdain for your own thoughts.
Phoenix.Ragmar
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By Phoenix.Ragmar 2015-02-09 19:06:39
Someone please link me any scientific proof (not biased hypothesis) showing that a "man" can, IN FACT, be trapped in a "woman's" body or any combination of the sorts. Show me the science. I have studied mental health disorders for years and worked with the dual diagnosis DD/MR field yet have never seen any scientific proof to sway me from factual human genetics in this regard. I just want to see the science people are basing their "factual" opinions on. Again, open to the idea, never seen the science. Enlighten me.
By Jetackuu 2015-02-09 19:08:03
Oooh, using words to make you sound smarter,
so cool. Except I write like this all the time, so your weak attempt at ad hominem is, well, weak.
No, I did state as to why, you're just being obtuse. Direct me to where you said it because I'm not remembering it. If you think so little of your own opinion that you can't indicate where it was, I'll be sure to share your disdain for your own thoughts. It was on the last page, and yes you try to sound smarter all the time, and nice projection again.
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By Shiva.Onorgul 2015-02-09 19:11:14
You said it causes "great harm." That's all. I have repeatedly asked what that harm is. You refuse to answer. I have no choice but to assume this is because you have no answer.
Also, look up what if-then means.
By Jetackuu 2015-02-09 19:12:31
You said it causes "great harm." That's all. I have repeatedly asked what that harm is. You refuse to answer. I have no choice but to assume this is because you have no answer.
Also, look up what if-then means.
Yes, deflecting as usual.
Like I said, when you first asked that: you're being obtuse.
Let me get this right, you don't understand why it's a great harm to society to perpetuate fiction as reality?
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By Leviathan.Comeatmebro 2015-02-09 19:12:54
If someone looks like a human but has gears under their skin, is it not causing them needless harm to force them to identify as robot or, indeed, cyborg? And why shouldn't they be extended the rights that are available to both humans and robots alike? Nobody is dying over the bathroom issue, but are you saying that trans* should have all the rights of males in society as well as all the rights of females? Does this also apply to privileges, or just textbook laws? It's essentially marking a group as superior legally, when in many cases all it comes down to is mental health issues and self-mutilation.
Quote: Stepping out of our metaphor, where are these trans people demanding that we recognize them? The few trans people I've met want nothing more than to become indistinguishable. They only cry out for attention so that they don't get completely ignored. They shouldn't need to cry out for attention. If they want to mutilate their bodies, that's fine(though really shouldn't be condoned by medical professionals without extensive psychotherapy). It's not their right to drag anyone else into their fantasy.
Quote: For instance, homeless shelters habitually segregate by sex. When faced with a transgender person, some of them have had serious issues figuring out where to house them and end up turning someone away to sleep and die on the streets. Actually, there's a lot of problems around helping out the homeless. Teenagers are regularly turned away, too, but that's a separate issue entirely. This is something that should be considered before undergoing such a serious cosmetic adjustment. If you get a swastika tattooed on your forehead, gang kill records on your arm, you're going to be seen as a violent criminal and you may have social consequences as a result. If you decide to make your gender not match your papers(to most people, more extreme than the former example!), you accept any social consequences that result from it.
Quote: The battle for trans rights probably gets taken too far by some radicals, the same way women's rights has been co-opted into a hatred of all men, but that doesn't mean we roll back the clock or ignore the real issues being masked by hyperbole. If someone looks enough like a man and identifies as a man, why would you invite potential harm on him by saying his driver's license have Sex: F on it? I'm sure some loudmouths on forums spout off about wanting the world to see them in all their trans glory, but that's the nature of the internet. Surely you know how often people will say whatever will get them attention without concern to meaning or rationality. I mean, fonewear and ChaosX are right here in this thread as examples. Some interesting points here, but what sticks out to me is:
Quote: If someone looks enough like a man and identifies as a man Here's the problem. How do you draw that line? Some might legitimately pass, some might be ambiguous enough not to be called out. Others don't. Not even close. You can spot them a mile away. Are they to be afforded less rights simply because they're not as aesthetically integrated with their goal gender? This is why I feel the whole process needs some serious examination. I lean toward no special exceptions rather than providing them for people who are truly not passing.. but again, this is on the basis that there's no underlying biological condition.
Quote: If your only objection is that you think SRS and even HRT are bad ju-ju, snake oil cures for a bigger underlying problem... well, fine, maybe they are. The data is far from incontrovertible at this point because it's scarce as snowmen in the desert. But wherein lies the harm letting someone with genitals that dangle, though that person looks like a woman, use a bathroom stall? It's symptomatic of the bigger problem, trans legislation adds more momentum to a movement that's currently based almost entirely on feels. A strong study would cause me to 180 on a lot of these issues. It creates potentially uncomfortable situations no matter which way you flip it(a post-op transwoman in the men's bathroom is certainly as disconcerting as a non-passable transwoman in the women's), but when you base it on biology you avoid a mandate that people humor others' delusions.
Quote: I've yet to see a drag king try to use a urinal because, y'know, that just wouldn't happen (not least because trousers and vaginas do not mix when peeing standing up). 
(Well, replace drag king with female.)
I understand where you're coming from, like I said there's no clear solution that doesn't result in someone somewhere eventually being made uncomfortable. I'd just rather side with biology than support a ridiculous entitlement movement.
Quote: Because, remember, this is about public policy. Right now the public policy is irrational. If you oppose SRS and HRT, fine. If you think it's a paraphilia that someone wants to be seen as the opposite gender, fine (again, though, there's a LOT of paraphilias out there, so merely being a paraphilia is not a compelling argument). Public policy needs must be founded in seeking to alleviate or prevent harm. To my knowledge, no government agency has stepped in and said that someone undergoing elective SRS on their own money is unable to do so. Medicaid and Medicare deny seeking public funds for SRS, though, so that's right in line with what you want.
I'm just not seeing the basis for objection. Honestly, probably some slight projection of my view on HRT and SRS into the bathroom issue itself. I can see both sides of it, but short of unisex bathrooms or some absurd passing-certification, there's not a clean solution that makes everyone happy. Given the choice of potentially inconveniencing the 0.3%(?) of the population that chose to make themselves more difficult to deal with and potentially inconveniencing the rest, I don't see much trouble making a decision though. It's not like these people haven't used their biological restroom before.
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By Leviathan.Comeatmebro 2015-02-09 19:19:44
Indeed, a government-issued ID is used by the police. A transgender teen (bio male, dressed and acts female) was recently kidnapped in my city. The police wasted a lot of time trying to wrap their stupid little pig heads around the fact that, yes, the ABDUCTED TEENAGER still has a penis but looks credibly female. The cops literally could not grasp the idea of a biological male dressed in an anime maid's outfit. Had he been identified in official circles as "she," they would have gotten to work much faster. There's a lot of other really shitty stuff that the police did in this case, too, like pretending the teen wasn't kidnapped and held in captivity for 3 days, and the reasons for this point at the transgender nature of the victim. That kind of treatment, where one cannot rely on the police to do their job because of trivial data like wearing opposite-sexed clothing, is why this is important.
I can see how a female mark in the system would help police identify a female looking missing person. I can also see how it would allow them to skip over the possibility of testing their dna in the case of a rape case where semen was available.
One would hope that in the event of a serious event, police have the ability to judge situations beyond what papers hold. Personally, I see no reason that they shouldn't be described as a trans while still male on paper.
By Jetackuu 2015-02-09 19:19:56
Leviathan.Comeatmebro said: »*** lost it.
By Bloodrose 2015-02-09 19:22:28
I thought that ugly orange Ascot was Fred's fetish.
I mean, he *looked* like he was into Daphne for a long time... but passed up so many opportunities. Almost all of them for the sake of his ascot.
[+]
By fonewear 2015-02-09 19:27:17
My fetish is for Michelle Obama to (FBI is watching) never mind.
Hoe my garden.
By fonewear 2015-02-09 19:31:58
MLK's dream has come true:
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By Shiva.Onorgul 2015-02-09 19:36:57
Leviathan.Comeatmebro said: »Nobody is dying over the bathroom issue Possibly being sent to prison is kind of a big deal. Criminal charges are at stake here.
More to the point, if someone who looks like a man but is biologically female is forced to go into the women's room, do you not see the potential for harm, insofar as we retain gender-segregated public bathrooms?
Leviathan.Comeatmebro said: »Here's the problem. How do you draw that line? Some might legitimately pass, some might be ambiguous enough not to be called out. GOOD POINT! It's about time one of you guys got there (I wasn't going to feed this one).
And I don't have a good answer. One MTF that I've met will never credibly pass as a woman (think Jeffrey Tambor's character in "Transparent") and I honestly don't know what to do about that. But there are people who can pass and, as I pointed out above, is it doing more harm to force them to identify opposite their appearance?
I've met a lot of people whose gender I can't identify by sight yet who are cisgendered. Indeed, as I've said, I've only actually met 2 people (maybe one or two more that I've forgotten) who are transgendered, but I run into people who are androgynous all the time. I know that cisgendered women who get mistaken for men and, even more so, cisgendered men who get mistaken for women really, really hate it. It makes them uncomfortable and insecure and frequently miserable.
Someone who can't pass for what they say they are... I can't come up with a no-harm solution. If they're going to insist on dressing in opposite-gendered clothing (and there's no reason one shouldn't be able to) while still clearly appearing their biological gender, I don't know what solution can be made when it comes to things like a government ID. A non-passing FTM might feel better with Sex: M on his ID, but if he is constantly addressed as "ma'am," it's cold comfort at best.
Leviathan.Comeatmebro said: »Given the choice of potentially inconveniencing the 0.3%(?) of the population that chose to make themselves more difficult to deal with and potentially inconveniencing the rest Problem: is it choice? Who chooses to have a mental illness, if there really is no biological component/origin? I have an acquaintance with OCD and I want to strangle him because of his compulsions, yet the best known treatment for mitigating them is to indulge it within limits, or so I'm told. Conversion therapy doesn't work. Indeed, any transgender person has been unconsciously subjected to conversion therapy for their entire lifetime in that they're treated as their biological sex, yet they continue to feel differently.
Here's where the no-harm thing comes in. If you're depressed, suicidal, self-destructive, and possibly a danger to other people as well (rage problems resulting in assault are fairly common among those with mental conflict, whether it's a psychological disorder or a biological one), forcing you to continue in the same path that has created those problems is cruel and insane. It's like treating alcoholism with more alcohol.
How does it inconvenience me who is using the toilet, though? I pointed out that I get weirded out seeing drag queens using the urinal next to me. An FTM won't even attract my attention to notice they're doing that, assuming they can pass. If they can't pass... I can't think of a good solution. If it were me, I'd write a mandate that if you're transgender, you can use whichever bathroom you like so long as you go into a stall.
At this point in time, the only rational reason for having segregated bathrooms is because women can't use traditional urinals and urinals are both greener and a more effective use of space. So make one big bathroom where you go left to hit a bank of urinals and right to hit a bank of stalls. I've seen men's rooms in truck stops and similar that are already built like this. Granted, I'm a male, so if there's something additional that women need (do they get special bins for getting rid of a tampon in, for instance?), I'm sure there's some way to integrate that.
I have this feeling that a lot of people are thinking, "I don't want my kid to look at this woman and then see her pull a schlong out!" I'd rebut, "Why is your kid looking at strangers' genitals?" This, of course, assumes we're not talking about an exhibitionist who is a criminal regardless of where their genitals are shown.
By fonewear 2015-02-09 19:42:45
"It's like treating alcoholism with more alcohol."
That's an idea that I shall partake in !
Being sober is for quitters and single mothers.
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By Shiva.Onorgul 2015-02-09 19:43:17
Leviathan.Comeatmebro said: »One would hope that in the event of a serious event, police have the ability to judge situations beyond what papers hold. Personally, I see no reason that they shouldn't be described as a trans while still male on paper. Our local cops couldn't. The boy's parents (for current purposes, I'll use the male pronoun) repeatedly said that he responds to both his given male name and his adopted female name. His abductor thought he was an underage girl, though, so clearly he can pass. I have several friends who were friends with this family, so I saw a LOT of the effort going on to locate the teen and they said he's transgender, genetically male, but looks adrogynously female (he's also young enough that he hasn't really grown into the kind of male geometry that gives away even the best drag queens).
And we're the first city to make anti-discrimination laws regarding transgender people, so you'd really figure our cops would be better than this. If I told you my teenage son was missing and was wearing ballet slippers and a French maid's outfit while attending an anime convention, that should be the end of it. Whether he identifies as transgender or female is largely irrelevant when you have photographs of him taken earlier that same day.
So, yeah, if the police are going to be that rock-headed, I'd rather his ID said he was a girl. Again, that's what his abductor thought he was.
By fonewear 2015-02-09 19:44:25
wearing ballet slippers and a French maid's outfit while attending an anime convention
Sounds like my ex wife.
Best way to stop a child abductor is to...not have kids.
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By Shiva.Onorgul 2015-02-09 19:52:24
Let me get this right, you don't understand why it's a great harm to society to perpetuate fiction as reality? We do that all the time. Some fictions cause harm, some do not.
As I mentioned, it causes me more harm to state my weight (because most people don't grasp how dense my musculature is) than to claim something closer to how I appear. What societal harm is caused when a woman claims to be 34D and is merely a 34C? Most men wouldn't know the difference without checking her bra, anyhow, same as most women can't accurately gauge the size of men's anatomy. Revelation of measurable reality might cause a rift in one's relationship, but it's not going to make Wall Street boom nor bust.
We indulge harmless fictions all the time. In fact, we tend to get irritated when people do not. Christians don't agree with Muslims about the identity of god, but both sides habitually claim to agree for the sake of peace. Dragging them into a small room and saying, "You need to acknowledge that Christ-God and Allah are way different," is a recipe for hell.
What harm does it cause if my ID says I'm male and I appear male but my chromosomes are XX? At worst, it might interfere with my medical treatment in an emergency situation, but even that's a distinctly remote likelihood as any emergency treatment in which I couldn't speak is unlikely to involve hormones or genitals. But in that worst case, it's my life at stake, not society as a whole.
By fonewear 2015-02-09 19:54:02
You said it causes "great harm." That's all. I have repeatedly asked what that harm is. You refuse to answer. I have no choice but to assume this is because you have no answer.
Also, look up what if-then means.
Yes, deflecting as usual.
Like I said, when you first asked that: you're being obtuse.
Let me get this right, you don't understand why it's a great harm to society to perpetuate fiction as reality?
So you're telling me FFXI isn't real I don't want to live now !
By Jetackuu 2015-02-09 19:54:11
Matter of a different interpretation there, and something that we're not going to agree on.
By fonewear 2015-02-09 19:55:29
My favorite "harmless fiction" is Twilight New Moon. I hope a werewolf woman comes and sweeps me off my feet.
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By Leviathan.Comeatmebro 2015-02-09 19:57:06
Leviathan.Comeatmebro said: »Nobody is dying over the bathroom issue Possibly being sent to prison is kind of a big deal. Criminal charges are at stake here. Criminal charges are only at stake if the person knowingly and willfully violates the law.
Quote: More to the point, if someone who looks like a man but is biologically female is forced to go into the women's room, do you not see the potential for harm, insofar as we retain gender-segregated public bathrooms? I don't see it as much different than a MTF who isn't passing going into the women's room, to be honest..
Quote: GOOD POINT! It's about time one of you guys got there (I wasn't going to feed this one).
And I don't have a good answer. One MTF that I've met will never credibly pass as a woman (think Jeffrey Tambor's character in "Transparent") and I honestly don't know what to do about that. But there are people who can pass and, as I pointed out above, is it doing more harm to force them to identify opposite their appearance? I don't know, passing is pretty complicated to begin with. I know guys who would be upset if they bought a MTF a drink at the bar unknowingly. Obviously not a great indication of character on their part, but it is something people expect to know about others. I think allowing them to use unmatched facilities is encouraging their stealth and coddling their condition. If it's one way or the other and ability to pass can't be a factor(realistically it can't), I don't think the few who pass merit the rest being able to.
Quote: I've met a lot of people whose gender I can't identify by sight yet who are cisgendered. Indeed, as I've said, I've only actually met 2 people (maybe one or two more that I've forgotten) who are transgendered, but I run into people who are androgynous all the time. I know that cisgendered women who get mistaken for men and, even more so, cisgendered men who get mistaken for women really, really hate it. It makes them uncomfortable and insecure and frequently miserable. I've never met a cisgendered person who struck me as clearly opposite. Androgynous, sure, but that doesn't really raise the same concerns as a linebacker-looking fellow like this:
Quote: Someone who can't pass for what they say they are... I can't come up with a no-harm solution. If they're going to insist on dressing in opposite-gendered clothing (and there's no reason one shouldn't be able to) while still clearly appearing their biological gender, I don't know what solution can be made when it comes to things like a government ID. A non-passing FTM might feel better with Sex: M on his ID, but if he is constantly addressed as "ma'am," it's cold comfort at best. There comes the point of a government ID existing to verify your relevant information, as well. If you are physically female, appear to be female, and sound female.. you should not have an ID that says male. It's poor record-keeping at best, and potentially troublesome to law enforcement and others at worst.
Quote: Problem: is it choice? ... Complicated, yes, but it boils down to willfully ingesting hormones knowing the social(and potentially employment-related) consequences of doing so. Medical professionals acting as rubber-stampers needs to stop, without any scientific basis for it only the most extreme cases should be considered for this.
If undertaken as an elective cosmetic process, the risks and social stigma should be well understood prior to beginning.
Quote: How does it inconvenience me who is using the toilet, though? I pointed out that I get weirded out seeing drag queens using the urinal next to me. An FTM won't even attract my attention to notice they're doing that, assuming they can pass. If they can't pass... I can't think of a good solution. If it were me, I'd write a mandate that if you're transgender, you can use whichever bathroom you like so long as you go into a stall.
I have this feeling that a lot of people are thinking, "I don't want my kid to look at this woman and then see her pull a schlong out!" I'd rebut, "Why is your kid looking at strangers' genitals?" This, of course, assumes we're not talking about an exhibitionist who is a criminal regardless of where their genitals are shown. I see it as an overstepping of political correctness more than anything else. Sans evidence of a real condition, these people are imposing their condition onto other members of society. Let's look past bathrooms, how about locker rooms? Should a middle school girl be in the same locker room as a 'MTF' kid that's taken no hormone therapy, isn't undergoing SRS, and has an 80% chance of growing out of it in the next 10 years? Should a college woman, knowledgable of the rape culture, be forced to assume a vulnerable position while a MTF like the above pictured is in the room?
The gray area exists primarily with people who don't pass, true. It's unfortunate that a law like this would effect trans who look severely out of place in their biological restrooms. That said, I don't think it's quite enough to justify legislature based on humoring mental illness.
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By Shiva.Onorgul 2015-02-09 20:01:13
Matter of a different interpretation there, and something that we're not going to agree on. I should have guessed this was a semantic argument.
I'm arguing tangible harm. You're arguing philosophical harm. Right?
I'll give you that: I'd far prefer a world where we rely on observable fact rather than convenient fictions. But that's philosophy and utopianism. Here in the real world, we can move towards utopia, but we've got reality to deal with in the meantime. And part of reality is that not everyone can handle life with the veils stripped away.
By fonewear 2015-02-09 20:02:22
I can't handle Tuesday let alone vying for a utopian restroom situation.
By Hagenige 2015-02-09 20:12:41
Regardless of what anyone says, a horse doesn't suddenly become a cow because it thinks it is. A cat isn't a dog when it decides it wants to bark. And a dude isn't a chick because he thinks he should have been born one, or visa versa. Get over it people. Whether you THINK you are a guy or a girl, MALE AND FEMALE are biological terms that denote WHAT you are, not WHO you think you are. A guy who thinks he's a girl isn't a girl, he's just a dude in a dress. Get over it and move on.
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By Shiva.Onorgul 2015-02-09 20:13:29
Leviathan.Comeatmebro said: »I've never met a cisgendered person who struck me as clearly opposite. Androgynous, sure, but that doesn't really raise the same concerns as a linebacker-looking fellow like this: You haven't been looking hard enough. I once made an error with a woman that nearly cost me my teeth, so she definitely looked male until I stepped back while apologizing and noticed she had boobs instead of man-boobs.
Leviathan.Comeatmebro said: »Should a middle school girl be in the same locker room as a 'MTF' kid that's taken no hormone therapy, isn't undergoing SRS, and has an 80% chance of growing out of it in the next 10 years? Why not? Middle school locker rooms are traumatic, period. Oh, wait...
Leviathan.Comeatmebro said: »Should a college woman, knowledgable of the rape culture, be forced to assume a vulnerable position while a MTF like the above pictured is in the room? You're clinging to faulty data there, but at least you've finally revealed your hand. All those lovely facts that people like to state about how many women get sexually assaulted have been consistently proved to be exaggerations. Moreover, the overwhelming majority of sexual assault, which incidentally appears to be perpetuated against men with similar frequency to women, is done by someone known to the victim. We have this culture that fears stranger danger, but ask any rape victim counselor or child sex abuse counselor and they'll set the record straight on who commits these crimes.
Moreover, we can't simply legislate on possibilities like that. As I stated a long ways back in this thread, African-Americans have higher rates of arrest and conviction per capita than caucasians. Do we use the possibility that a black person in a bathroom is more likely to commit a crime as justification for segregating them from the somewhat more law-abiding white folk? And even if we DO employ a methodology like that, transgender people don't show a propensity towards crime, but are regularly the victims, so, if anything, they're the ones who should get a special, safe bathroom (or locker room or whatever). Which is absurd.
By Jetackuu 2015-02-09 20:23:50
Matter of a different interpretation there, and something that we're not going to agree on. I should have guessed this was a semantic argument.
I'm arguing tangible harm. You're arguing philosophical harm. Right?
I'll give you that: I'd far prefer a world where we rely on observable fact rather than convenient fictions. But that's philosophy and utopianism. Here in the real world, we can move towards utopia, but we've got reality to deal with in the meantime. And part of reality is that not everyone can handle life with the veils stripped away. Again: disagreement, on several points.
florida_bill_would_imprison_trans_people_for_using_public_bathrooms Slate
Quote: Gay marriage has been legal in Florida for a month now, and at this point, even the state’s hardcore conservatives seem increasingly resigned to the fact that marriage equality is here to stay. Accordingly, Florida’s more bigoted legislators have decided to turn their ire toward another maligned, disfavored minority—trans people—by proposing one of the most viciously sadistic, hypocritical bills the legislature has ever considered.
The basic purpose of the bill is quite simple: to forbid trans people from using the public bathroom that matches their true gender. According to the bill’s text, any trans person who enters a “single-sex public facility” that doesn’t match their “biological sex” is guilty of a first-degree misdemeanor. A “single-sex public facility” includes bathrooms “maintained by an owner of public accommodations, a school, or a place of employment”—basically, any public bathroom in the entire state. Any trans person who violates the act could be sentenced to one year in prison.
It gets much, much worse. Any non-trans person who discovers a trans person using a bathroom that doesn’t align with their “biological sex” would be permitted to sue that trans person under the act. (If sued successfully, the trans person would have to pay their accuser’s attorney fees.) And, in a final turn of the screw, an “owner of public accommodations, a school, or a place of employment” who allows a trans person to use the bathroom of their true gender is liable for a civil suit. In other words, if a store owner does not actively prevent trans people from using her bathrooms, she can be sued by other customers. And of course, if the trans-friendly store owner is found to have allowed a trans person to use the bathroom, she’ll not only have to pay damages to disgruntled customers—she’ll also have to pay their attorney’s fees.
The obvious intent of this bill is to humiliate trans people by opening them up to criminal and civil liability merely for performing the most basic of bodily functions. Trans people already face harassment, discrimination, and sometimes violence while attempting to use the bathroom. This bill would effectively give anti-trans harassers the state’s blessing, while providing them a new avenue through which to shame trans Floridians—the court system. Many trans people are already anxious about using public bathrooms; some are afraid to leave their homes given the risk of verbal and physical abuse they face in public facilities. With this bill, the state would effectively legalize anti-trans harassment, sending a resounding message to trans people that they are not welcome in public life.
But perhaps the galling component of the bill is its astonishing interference into private businesses. For years, conservatives have been complaining that LGBT non-discrimination ordinances impede the liberty of business owners. These businesses, conservatives argue, should have the freedom to conduct their affairs however they so choose—even if that means kicking out gay customers who want to buy their products. With the tables turned, however, Florida’s right-wing legislators have changed their tune, arguing that private business owners should be forbidden from letting trans customers use their bathrooms. This intrusion into the autonomy of businesses is as hideously hypocritical as it is unsurprising. Most conservatives are only willing to defend business owners’ rights so long as they’re exercising their right to discriminate against LGBTQ people. When businesses wish to tolerate LGBTQ customers, conservatives have no problem passing a law restricting their liberty.
It is probably too soon to tell whether Florida’s bill will pass—though given this legislature’s track record, any bill designed to demean a sexual minority has fair odds of becoming law. Either way, the mere existence of such a mean-spirited bill sends a blunt message to the state’s trans community that they are not welcome here. It was probably inevitable that, once the marriage equality debate settled down, those who dedicate their lives to promoting hatred would set their sights on trans people. But the maliciousness and celerity with which Florida’s legislators have zeroed in on the trans community suggests the next battle for LGBTQ rights will be a brutal one.
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