I’ll be the first one to raise my hand and say that I am no expert in law or about the trans community as I am neither a lawyer, or member of government, nor a trans person. What I do know, however, is that the LGBTQ community is getting the short end of the stick with laws like this and it really pisses me off.

I’ve heard a lot of things being tossed around about what North Carolina’s new Public Facilities Privacy & Security Act (HB2) that was passed in March of this year means for North Carolina residents and the LGBTQ community, but it’s hard to know what is fact and what is embellished, so I decided to do my own research into what exactly the law entailed.

Basically, the bill was fashioned to create consistency across the state in these areas:

Section 1, Single-Sex Multiple Occupancy Bathroom and Changing Facilities, states that single-sex, multiple occupancy bathrooms and changing facilities are to be provided and that entrance is based upon biological sex, with the exception of maintenance workers, to give medical assistance or to accompany a person who needs assistance.

Section 2, the article titled the Wage and Hour Act, states that any county or city “may contract with any person, association, or corporation in order to carry out any public purpose that the county or state is authorized by law to engage in.”

Section 3, the article titled Equal Access to Public Accommodations, regards the state’s duty to protect the rights of the public in employment and public accommodations. It states that a person may not be denied employment based on their race, religion, color, national origin, age, biological sex or handicap.

(And yes, the word ‘biological’ is underlined in the text, meaning that it is “new language” that has been added to the bill. You can read the bill yourself here.)

Section 4 and Section 5 detail general Severability and Effective Dates of the bill.

I could not tell you how many times I came across the words “biological sex” in this bill, which they describe as the physical condition of being male or female as stated on the person’s birth certificate.

So basically, the North Carolina General Assembly has passed a law that effectively tells trans people that their comfort and security is less important than the comfort and security of others, simply by (quite frequently) suggesting that they may ONLY use the facility that their biological sex is assigned to. Under the language of this bill, even trans people that have undergone sexual reassignment surgery, but who have not yet had their birth certificate legally changed to reflect their new sex, are supposed to use the facility of the sex that they do not identify as. This law doesn’t only effect the LGBTQ community; the law itself could cause some (lets say, slightly more conservative folks) to feel more uncomfortable in a public restroom situation where a trans person is involved. You’ll understand where I’m going with this in a minute.

There was a passage that really irked me:

Part III. Protection of Rights in Employment and Public Accommodations, Section 3.3, (a). “It is the public policy of this State to protect and safeguard the right and opportunity of all individuals within the State to enjoy fully and equally the goods, services, facilities, privileges, advantages, and accommodations of places of public accommodation free of discrimination because of race, religion, color, national origin, or biological sex, provided that designating multiple or single occupancy bathrooms or changing facilities according to biological sex, as defined in G.S. 143-760(a)(1), (3), and (5), shall not be deemed to constitute discrimination.”

So… it’s not alright to discriminate on the basis of the biological sex of a person. Got it. That makes sense. But wait, does that mean that it’s okay to discriminate if that person is not biologically the sex they identify and live as? Is that what they’re saying (but not saying)?

To protect and safeguard the rights of all individuals? Really? Because this bill seems much more like a farce created to say that biological sex, even when a person lives as a different sex and sees themselves as that sex, is more important than what/who they actually are.

Would you tell a woman she’s not allowed to go to a football game because sports are traditionally a form of entertainment for men? Sounds silly, doesn’t it? How about a boy whose favorite color is purple? Should we stop selling purple shirts in the boys clothing department because it’s not considered manly? Would you berate a woman for leaving the house without make up on or a man for being a stay-at-home dad because they are not holding to traditional standards men and women?

Are these examples too broad? Too far from the subject? They’re meant to be.

Why?

Because little things like these lead to big things like laws. ‘Boys should act like Boys and Girls should act like Girls’ is quite an old school, narrow belief to be held in such an open-minded, progressive country. By simply adding the word ‘biological’ to the language of this bill it has become oppressive of a minority group.

So what exactly is this law saying? That it doesn’t matter who you are on the inside, only what you are on the outside.

I have to disagree. We’ve all heard “it’s what’s on the inside that counts.” I’m pretty sure that applies to your gender as well.

First, let me say this: Gender Identity has nothing to do with your Biological Sex.

These sorts of bills are supposedly for the “protection” of the public, but who do they really protect? No one. In truth, they only make it more dangerous for trans people. If someone who, for purposes of this example, is biologically a woman but identifies as and appears to be a man walks into a Women’s Public Restroom, what do you think the reaction from the women in the bathroom would be? Most likely they would wonder why a man is in the Women’s Restroom. In some cases, the person they see as a man would be considered a “pervert” or accosted for their presence in an area not designated for their gender. What about a woman who was born a man? What would the reaction from men in the Men’s Bathroom be when they realize that woman who just walked through the bathroom door is, as I’ve heard people say, “A dude in a dress?” Would you expect understanding? Not always. Sometimes, it results in violence against the trans individual. But here lies the problem: These bathroom bills are meant to “protect” everyone.

How will these types of laws be enforced anyway? Will there now be bathroom attendants posted at each public restroom asking to see your state issued ID or birth certificate in order to check your biological sex? Well, there was that bit of the bill about counties and cities contracting with companies to carry out any public purpose… Will there be a TSA type pat down to determine if you are telling the truth about your gender? Doubtful.

This is the type of law that will undoubtedly be largely ignored… At least I hope so. It’s like bringing back the law against the cohabitation of unmarried couples. A law from 1868 that was recently repealed in Florida but has been ignored by the public and law enforcement for decades. Do you know why it was ignored and forgotten? Because it was ridiculous and outdated in this modern society.

I really don’t care if you were born a biological man or woman, whether you decide to transition to your correct gender or whether you identify and live as that gender but decide surgery isn’t for you. The outside does not dictate the fundamental fact of whether or not you are a good person inside.

I’ve always gone by the old saying, “If it walks like a duck and quacks like a duck, it’s a duck.”

Maybe it’s a belief our state governments should consider if they want to protect ‘all’ of the people in their states.