12 Comments

So they want to base access on sex as defined by chromosomes? OK, so female if XX and male if XY. That was easy!

Oh wait, some people have XXX chromosomes, YYY, XXYY, XXXXYYYY, and so on.

Science has been chewing on this very deeply for decades, and they could never figure out which combinations of X and Y chromosomes should be assigned male or female., not even when Billions of Dollars were at stake (The Olympic Games).

And then it got worse. They found individuals with XX chromosomes that had male sex organs, and XY individuals with female attributes. And then they found hermaphrodites with both male and female organs (but no, they couldn't do what you might think). "Genetic expression" is the term for this.

Why do the Republicans hate science so much? Not reality-based? Truth getting in the way?

Expand full comment

sigh. Why doesn't anyone ever pass a law that requires and provides funding for single stall bathrooms that anyone can use? My health care clinic is full of them.

Expand full comment

"The Bill is not based upon animus towards those who identify as transgender, nor was it passed to relegate transgender students to the fringes of society." - by narrowly defining biological sex and stating one must use the bathroom matching that narrow definition (which @BJ Ahlen points out isn't binary), it is inherently discriminatory towards transgender people. The spin factor is quite large here.

Expand full comment

So a boy who identifies as a girl (and dresses like a girl) must use the boys’ locker room and bathroom? How is that going to end well? To force any transgender student to use the facilities of their biological sex seems rather cruel. But then, perhaps that’s the point.

Expand full comment

I almost couldn’t finish reading this, I was so mad. The judge acknowledges the discrimination that would be faced by trans students and then, instead of defending them, defers and says “the court must stay within its lane.” A lane of bigotry and ignorance apparently.

Expand full comment

By the way - and this is only partly said in jest - who is going to determine which bathroom Pat from SNL has to use?

Expand full comment

Paul Clement must be very proud - or not very busy and in need of a retainer, like most lawyers. (I’m a lawyer.). He’s gone from representing an administration that gave us an ill-advised phony war in Iraq to policing bathrooms. Take a bow! Wait til taxpayers one day get the property tax bill for three school bathrooms instead of two. There will suddenly be a re-evaluation of the “privacy” issue.

Expand full comment

I’ll admit that I’ve been in a lot of bathrooms, after all I am 78 years old. But I don’t understand why so many people are obsessed with what goes on there. What do you DO there that would reflect badly on you if observed by another human being? I just don’t get it. Aren’t there other things to be worried about -- hunger, extreme weather events, cancer, etc.

Expand full comment