by Mitch Kokai
Senior Political Analyst, John Locke Foundation
North Carolina’s legislative body passed the Public Facilities Privacy and Security Act, which mandates a statewide policy banning individuals from using public bathrooms that do not correspond to their biological sex, as opposed to their opinion of their sex. That means people must use bathrooms and other public facilities where occupants can be in various stages of undress according to whether their sex chromosomes are XX, in the case of females, or XY, in the case of males. The lesbian, gay, bisexual and transgender community claims that the use of biology to determine sex is oppressive and limits alternatives. I agree. I all but argued this in a column earlier this year titled “You Are What You Say You Are.” Let’s look at some possible benefits of freeing oneself from the oppression of biological determinism.
Say that I am sentenced to a five-year prison term for bank fraud. Though confinement can never be pleasant, I’d find it far more tolerable if I could convince the judge that though biologically I have XY chromosomes, in my opinion I’m really a woman and thus my confinement should be in a female prison with a female cellmate. For the court to fail to take my sexual opinion into consideration would violate our Constitution’s Eighth Amendment prohibition of cruel and unusual punishment, I could say.
The Atlantic Coast Conference, the entire NCAA and the NBA have threatened to remove important games and championships from North Carolina because of its law denying bathroom rights to males who feel as if they are females and females who feel as if they’re males. I am wondering just how consistent they are. Only a few college basketball players have the skills to make it onto a professional team, but most of these players have skills that exceed most players’ skills in the Women’s National Basketball Association. What if a college basketball star were to claim to be transgender and go out for the WNBA? Would the self-righteous NBA leaders come out and support him if he were to be refused? …
… It’s not just basketball that would yield benefits for those with XY chromosomes. What about allowing transgender XY people to box women in the WIBA? Then there are the Olympics. The men’s fastest 100-meter speed is 9.58 seconds. The women’s record is 10.49. What about giving XY people a greater chance at winning the gold by permitting them to compete in the women’s event? …
… For most of history, homosexuals were unfairly persecuted. They pleaded, “Get out of my bedroom. What consenting adults do is no one else’s business.” I share that sentiment, and for the most part, homosexuals have won that objective. Had their early campaign against persecution included a demand that males be permitted to use women’s bathrooms, the persecution they suffered would have continued.