No Restroom for the Weary

As much as we’d like to ignore all the noisome brouhaha about transgendered restroom rights, and merely dismiss it as just another one of those passing post-religious manias that so often occur these days, there are bigger issues involved.
Until about 15 minutes or so ago the current social arrangement of providing chromosome-segregated restrooms and dressing rooms in public and private buildings had prevailed almost everywhere in the civilized world, and been generally acceptable to more than 99 percent of every country’s population, but these days that’s insufficient reason not to have a noisome brouhaha over something. The city council of Charlotte, North Carolina, decided that it would welcome a tiny minority of men into its women’s rooms and a presumably even smaller number of women into its men’s rooms, so the state legislature quickly passed and the governor signed into law a bill saying that no, this is just another one of those post-religious manias that so often occur these days and more than 99 percent of the state’s population was perfectly happy with the existing social arrangement and we’re going to keep it, and even the fractional remainder of the country had somehow managed to cope, but of course there was nonetheless a resulting brouhaha.
Some aging rock stars cancelled concerts in the state, other celebrities “tweeted” their disapproval of North Carolina, some more youthfully vibrant corporations promised boycotts, and even a governor of another state restricted university sports teams and other employees from traveling to the state, even though all were perfectly willing to do business in countries where homosexuality is quite sternly punished and transgendered rights to public restrooms and dressing rooms is an entirely unfamiliar idea. That the likes of this motley and hypocritical coalition might well overturn a long established social arrangement that had previously been accepted by more than 99 percent of the population is one of those bigger issues that we worry about.
Perhaps worse yet, the federal government is also in on it, with the Obama administration’s thoroughly politicized Department of Justice bringing a lawsuit against the state of North Carolina alleging that its legal affirmation of the longstanding and accepted-by-more-than-99-percent-of-the-policy social range is in violation of the law that was passed in 1972 and by now well-known as “Title IX.” The law has reconfigured college sports and countless other institutions by on insisted on sexual equality in public expenditures, sometimes for the good and often for the worse, but any plain reading of its text suggests there’s nothing in there quite so crazy as insisting ending that well-established and overwhelmingly approved insistence on chromosome-segrated restrooms and dressing rooms. The act makes no mention of “sexual identity,” and despite repeated efforts Congress has consistently refused to include it, and anyone with a vague memory of 1972 will recall that no one was asserting some creepy guy’s right to hang around the women’s restrooms or dressings rooms. When the Equal Rights Amendment was being debate in our high school days there was some concern that it would render chromosome-segregated restrooms as unconstitutional as the “white’s only” restrooms of the Jim Crow south, just as the Justice Department is now alleging.  Back then such a legal authority as current far-left Supreme Court Justice Ruth Bader Ginsburg, who would surely rule against North Carolina now, was reassuring that 99-percent-satisfied-with-current-social-arrangement that “Separate places to disrobe, sleep, perform personal bodily functions are permitted, in some situations required, by regard for personal privacy. Individual privacy, a right of constitutional dimension, is appropriately harmonized with the equality principle.”
What you’ve got here is a bunch of celebrities and some rich businessmen and some equally unaccountable bureaucrats who can interpret a 1972 law from their 15-minutes-ago perspective imposing their policies to overturn the past many millennia of social-customs-accepted-by-more-than-99-percent of the population, and that is the biggest issue. of all
We’d like to think that the presumptive nominee of our once-beloved Republican Party would at least take a forthright stand against this nonsense from the outset, but the oh-so-politically-incorrect fellow instead expressed dismay that North Carolina would offend any aging rock stars or vibrant young companies by causing a brouhaha, then gave a shout-out to his fellow reality star Bruce “Caitlyn” Jenner and invited him or her to use the women’s room at his fabulous Trump Tower, and although he quickly walked it back to a state’s rights position that is at least better than his likely Democratic challenger’s stand, for the moment, we are not all reassured. There are very big issues afoot in this country. The bureaucracy’s creative and five-minutes-ago interpretations of laws passed by people who had no such intentions in mind, and are unrecognizable to anyone who bothers to read the plain English today, are already creating economic and environmental and social and racial havoc on our society, but at the moment the only question seems to be whose ox will gored.

— Bud Norman

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2 responses

  1. I can only think of two possible outcomes to this:

    1) It blows over and we go back to admitting entrance to restrooms based on sight.

    2) Buildings begin to be commonly built with three restrooms, the third one being for people who don’t feel comfortable in the first two. If you really have to go, change your gender identity.

    And despite the current furor, I still have to think #1 is more likely.

  2. If I may quibble just slightly with this profound and well done analysis of the bathroom wars in Bud’s essay, it’s the use of the term “transgender.” The NC law has been reported as prohibiting the transgendered from using the bathroom of their choice. The question is: what is a “transgender?” The leading edge of societal evolution insists that gender is a social construct.

    Just as Karl Marx predicted that under communism a man would “ … hunt in the morning, to fish in the afternoon, rear cattle in the evening, criticize after dinner, just as I have in mind, without ever becoming hunter, fisherman, shepherd or critic.” So the vanguard of the social justice warriors insists that I can be a man in the morning, a woman at noon and a hermaphrodite in the evening without any medical intervention at all. In the new dispensation, I can enter any restroom at any time based on the way I feel and if anyone disputes my self-definition they are evil bigots why deny me my identity.

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