Being from Maine, I got accustomed to being asked about the cold, lobsters, moose and Stephen King. Living in Florida, I have become accustomed to being asked about why my adopted state is so insane. Most recently, I was asked about the bathroom bill making its way through the House.
The bathroom bill, officially known as HB 583, proposes that it should be a second-degree misdemeanor to “knowingly and willfully” enter a public facility restricted to members “of the other biological sex.” The bill proposes a maximum penalty of 60 days in jail and a $500 fine.
Some opponents of the bill contend that it is aimed at discriminating against transgender people. Some part of Florida have laws permitting people to use public facilities based on the gender they identify with rather than their biological sex.
Obviously enough, proponents of the bill are not claiming that they are motivated by a dislike of transgender people. Rather, the main argument used to support the bill centers on the claim that it is necessary to protect women and girls. The idea seems to be that women and girls will be assaulted or raped by males who will gain access to locker rooms and bathrooms by claiming they have a right to enter such places because they are transgender.
Opponents of the bill have pointed out the obvious reply to this argument: there are already laws against assault and rape. There are also laws against lewd and lascivious behavior. As such, there does not seem to be a need for this proposed law if its purpose is to protect women and girls from such misdeeds. To use an analogy, there is no need to pass a law making it a crime for a man to commit murder while dressed as a woman—murder is already illegal.
It could be countered that the bill is still useful because it would add yet another offense that a perpetrator could be charged with. While this does have a certain appeal, the idea of creating laws just to stack offenses seems morally problematic—it seems that a better policy would be to craft laws that adequately handle the “base” offenses.
It could also be claimed that the bill is needed in order to provide an initial line of defense. After all, one might argue, it would be better that a male never got into the bathroom or locker room to commit his misdeeds and this bill will prevent this from occurring.
The obvious reply is that the bill would work in this manner if the facilities are guarded by people capable of turning such masquerading males away at the door. This guards would presumably need to have the authority to check the “plumbing” of anyone desiring entry to the facility. After all, it is not always easy to discern between a male and a female by mere outward appearance. Of course, if such guards are going to be posted, then they might as well be posted inside the facilities themselves, thus providing much better protection. As such, if the goal is to make such facilities safe, then a better bill would mandate guards for such facilities.
Opponents of the bill do consider the dangers of assault. However, they contend that it is transgender people who are most likely to be harmed if they are compelled to use facilities for their biological sex. It would certainly be ironic if a bill (allegedly) aimed at protect people turned out to lead to more harm.
A second line of argumentation focuses on the privacy rights of biological women. “Women have an expectation of privacy,” said Anthony Verdugo of Christian Family Coalition Florida. “My wife does not want to be in a public facility with a man, and that is her right. … No statute in Florida right now specifically prohibits a person of one sex from entering a facility intended for use by a person of another sex.”
This does have a certain appeal. When I was in high school, I and some other runners were changing after a late practice and someone had “neglected” to tell us that basketball cheerleaders from another school would be coming through the corridor directly off the locker room. Being a typical immature nerd, I was rather embarrassed by this exposure. I do recall that one of my more “outgoing” fellow runners offered up a “free show” before being subdued with a rattail to the groin. As such, I do get that women and girls would not want males in their bathrooms or locker rooms “inspecting their goods.” That said, there are some rather obvious replies to this concern.
The first reply is that it seems likely that transgender biological males that identify as female would not be any more interested in checking out the “goods” of biological females than would biological females. But, obviously, there is the concern that such biological males might be bi-sexual or interested only in females. This leads to the second reply.
The second reply is that the law obviously does not protect females from biological females that are bi-sexual or homosexual. After all, a lesbian can openly go into the women’s locker room or bathroom. As such, the privacy of women (if privacy is taken to include the right to not be seen while naked by people who might be sexually attracted to one) is always potentially threatened.
Though some might now be considering bills aimed at lesbians and bi-sexuals in order to protect the privacy of straight women, there is really no need of these bills—or HB 583. After all, there are already laws against harassment and other such bad behavior.
It might be countered that merely being seen by a biological male in such places is sufficient to count as a violation of privacy, even if the male is well-behaved and not sexually interested. There are, after all, laws (allegedly) designed to protect women from the prying eyes of men, such as some parts of Sharia law. However, it would seem odd to say that a woman should be protected by law merely from the eyes of a male when the male identifies as a woman and is not engaged in what would be reasonably regarded as bad behavior (like staring through the gaps in a stall to check out a woman).
Switching gears a bit, in an interesting coincidence I was thinking about this essay when I found that the men’s bathroom at the FSU track was locked, but the women’s bathroom was open. The people in ROTC were doing their track workout at the same time and the male cadets were using the women’s bathroom—since the alternative was public urination. If this bill passed, the cadets would have been subject to arrest, jail and a fine for their crime.
For athletes, this sort of bathroom switching is not at all unusual. While training or at competitions, people often find the facilities closed or overburdened, so it is common for people to use whatever facilities are available—almost always with no problems or issues. For example, the Women’s Distance Festival is a classic race in Tallahassee that is open to men and women, but has a very large female turnout. On that day, the men get a porta-pottie and the men’s room is used by the women—which would be illegal if this bill passed. I have also lost count of the times that female runners have used the men’s room because the line to the women’s facilities was way too long. No one cared, no one was assaulted and no one was arrested. But if this bill became law, that sort of thing would be a crime.
My considered view of this bill is that there is no need for it. The sort of bad behavior that it is aimed to counter is already illegal and it would criminalize behavior that is not actually harmful (like the male ROTC cadets using the only open bathroom at the track).