I’m not sure I would describe this bill as stupidity. Dividing loos and prisons by sex is a reasonable position to take in my opinion.
Of course well designed unisex loos are another potential solution.
It is not a reasonable position.
It does not address any of the core safety concerns. Legally defining bathroom access does not constitute some magical spell or barrier that automatically wards off potential predators. Sexual assault is already a heinous crime, and the threat of a class 2 misdemeanor is not going to deter a rapist from entering the bathrooms of his intended victims.
Such a bill does, however, expose more people to risk. It exposes us trans women to risk. If, as the very framing of the safety concern claims, all men constitute such an existential threat to any woman that the mere titillating thought of some woman sitting in a toilet in proximity to a man exposes that woman immediately to untold sexual violence, then what does that pose for trans women, who in addition to experiencing sexual assault at higher rates than any other group, also frequently experience random acts of violence or harassment.
It exposes trans men and trans masc to violence. Last year there was a story about a trans man on a camping trip in Ohio, who, following state law, went to use the women’s restroom. Another woman was in there, saw a man in the woman’s restroom, so, in a panic, got three male friends who went in there and beat the absolute **** out of him. If the “safety” justification is that men pose an immediate and substantial threat to women in bathrooms, then the logical outcome would be to subject trans men using women’s restrooms to high levels of violence where no such risk would apply in the reverse.
It endangers cis, nonbinary, and gender nonconforming people. To legislate bathroom access on a the basis of particular sex or chromosomal characteristics which are typically unknowable by the general public, is to introduce a culture of fear and suspicion upon all people. We know imposing these sorts of bathroom restrictions is just as likely to fall on cis men and women as it is to fall on trans people. There are manifold stories of butch lesbians facing harassment or eviction from bathrooms because they were perceived to be men or trans women. The simple reality is that “we can always tell” is a lie.
Sexual dimorphism is far less absolute as one typically imagines, applying only to very narrow wedges on the tail ends of the respective curves, and overlap on all features exists. Cis women have Adam’s apples, facial hair, narrow hips, broad shoulders, flat chests, and big heads. The psychology of clocking is generally a reverse procedure, where the person has already concluded in their mind that a person is trans, and once that conclusion has been reached, it is very easy to reverse engineer any physical feature as belonging to the opposite sex and thus constituting a smoking gun on their fundamental transness. This essential truth means that restricting bathrooms to birth sex means the creation of a culture of suspicion and surveillance whereby any person - cis or trans - can be accused and harassed at any time on the basis of any feature.
The real purpose of such bathroom laws is twofold: 1) to limit the amount of time trans people are able to be in public to only as long as they can hold it (less transit time to and from home) and 2) impose rigid gender norms on everybody else, where any perceived deviation or nonconformity places you in the trans group and subject to state and public violence.
Denying trans women access to women’s prisons is also unreasonable. 60% of trans inmates are raped at some point during their incarceration, compared with 4% for the general inmate population. As mentioned in the linked article above, a very common practice in prisons in the US is something called v-coding, where trans women are intentionally placed in cells with the most violent offenders. There are many many stories of trans women entering men’s prisons and being raped every day, multiple times a day, for years. There was a story recently from Georgia of a trans woman who was raped by a man, later arrested for burglary, and subsequently placed in a cell with her rapist, who then raped her again multiple times. The objections of trans women are often disregarded, or met with solitary confinement. It is also exceedingly common for the rape and abuse to come at the hands of correctional officers, who subject trans inmates to humiliating public strip searches, require them to perform lewd or degrading acts in front of other officers or inmates, or else repeatedly rape them.
These arguments, particularly for prisons, also generally expose certain sexist assumptions or attitudes. Cis women are also capable of rape, and cis women rapists and sexual offenders are routinely housed in women’s prisons with no qualms or political outcry. Additionally, a frequent source of sexual violence in women’s prisons comes not from Inter-inmate violence (trans or cis), but rather from cis male correctional officers, who routinely use their positions of power to rape, harass, humiliate, or assault female inmates.
This is also of a kind with women’s shelters where, as far as I know, we don’t really have documented cases of trans women gaining access to such spaces to predate on victims, nor of cis men taking on the guise of trans women to gain access to such spaces. But we do have many examples of cis men working or disguising themselves as janitors or shelter workers to do so.
The point is, these laws don’t actually serve to increase safety for anybody. They expose cis people to harassment and policing of their free expression, and (1) dramatically increase the physical danger to trans and gender non-confirming people, and (2) restrict those people’s freedom or ability to be in public. As I said, this Florida ban doesn’t mean I have to use a different toilet when I go to Florida. It means I
cannot go to Florida at all. I look like a woman. I generally do not get clocked. If women being in the presence of men in a bathroom setting is
a priori unsafe, than me going into men’s restrooms is
a priori unsafe for me. So my options are: use the men’s, get harassed and/or raped, or use the women’s and run the risk of getting clocked and thrown in a men’s prison and
definitely getting raped. How is that a reasonable policy?