(06-11-2018 10:56 PM)Owl 69/70/75 Wrote: (06-11-2018 10:12 PM)RiceLad15 Wrote: (06-11-2018 10:10 PM)Owl 69/70/75 Wrote: (06-11-2018 09:57 PM)RiceLad15 Wrote: I wasn’t talking about case law or what legal theories were use during to develop law.
Umm, this is a legal matter, so that's kind of what you have to talk about.
Got it - so no layman’s interpretation or descriptions. Just studious debate.
When your mind is made up beforehand, you obviously do not want to be confused by any facts. By the way, did you ever answer my balancing the equities question. I'll repeat it. Trans persons are uncomfortable being told where they must go to pee and poo. Straight women are uncomfortable with a man in their bathroom. Whose rights trump whose, and why?
Transgender rights, for multiple reasons.
1. You discuss women being uncomfortable with a man in their restroom, but what about an androgynous person? Suppose a rather husky biological woman comes in to use the bathroom, and is falsely reported as being a man? This is especially problematic when most trans -- especially post-op trans -- themselves look androgynous. How can you tell the difference without staring at them for several seconds? How do we balance their rights?
2. What about post-op transgender people? It wouldn't make much sense for someone who has already had surgery to use the bathroom of the gender they were born with. Do they get to use either bathroom? To be fair, you addressed this, but people like Lance and Dan Patrick have given this zero thought.
3. How do we enforce a strict bathroom policy? Do the police deal with this?
4. Is it really that much of an invasion of privacy to use a public bathroom in the first place? Stalls are opaque, after all, and I have never met a woman that would be concerned about washing their hands 3 sinks over from a transgender person. I guess it's all relative; I concede that a young girl might be startled to see a pre-op male in a women's restroom, but the odds of that person being the "hairy dude" that opponents like talking about are FAR less than them being androgynous. Which brings me to my final point:
5. People do not pretend to be trans in order to gain access to women's restrooms. This simply does not happen, ever, and there is 0 evidence to say otherwise. People do stroll in and commit crimes (without bothering with a disguise) but we already have laws for that. Therefore, the scope of our argument relates solely to transgender rights vs. the rights of women and children. Again, to your credit I know you haven't brought this up, but others make the phantom creeps out to be their main argument.
I get where you are coming from. Some pro-LGBT legislation truly do not take into account other people's rights. That's why I'm glad the Supreme Court ruled in favor of the Colorado baker over the angry gay couple, for example. But here, there just isn't nearly enough of a problem to justify banning transgender people from the restrooms that they identify with
I would support turning some restrooms in public places into gender-neutral facilities if people really feel that concerned about privacy. By doing that, the "privacy" side would show empathy towards trans people without giving up their position. Because the right has not proposed such a thing -- in conjunction with comments like Lance referring to trans as "troubled men"" -- I find it hard to believe people like Lance are supporting a bathroom law for the public good. Until I hear a more convincing argument that transgenders are a safety or privacy threat, or until opponents show empathy for transgender people and try to find alternative solutions, I will take the side of the transgenders here.