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Notes -
For the purpose of this post I will use the following terms in the following ways:
Woman = Biological woman. Man = Biological man
Well it seems like we are on episode >9000 "transgender bathrooms".
There is currently a man named Sarah McBride who has been elected to congress. This person (a man), who wishes to be seen as female, has caused another member of congress named Nancy Mace (a woman) to start whining and complaining on various social media videos and news interviews about her (Nancy's) concern that Sarah will try to use the female bathrooms, lockerrooms, etc. Speaker of the House Mike Johnson has said that the policy of the House is that women's restrooms/lockerrooms are for women, and men's restrooms lockerrooms are for men. There are a number of non-gender specific bathrooms around the house grounds that are open to anybody who doesn't want to abide by this.
Here is what I actually think a reasonable framing of this question is: "can men with a cross dressing fetish involve non-consenting women in their crossdress-play?" In a reasonable society I think the answer to this question should be: no, obviously.
Everybody seems intent on being dishonest towards each other when talking about this, so here is what I think is a reasonable answer to "why does anybody care? Just let everybody pee in peace!".
Bathrooms are extremely vulnerable places; they usually have one exit, you are often in there alone, and you are often doing something which makes you physically vulnerable (using the toilet). It seems completely reasonable for women to want to keep men out of these spaces.
To put some additonal context here: I think that the tide is turning pretty sharply on gender ideology within the democratic party (at least for anybody mildly near the center). I've seen several prominent-ish democrat spokespeople openly blame transgender people for the 2024 presidential loss. You also have the UK making it illegal to trans your kids, as well as a recent, prominent NYT article that was critical of transing your children (unfortunately the google index seems very intent on not showing me links to the article, but has plenty of links to people talking about it.
I would propose an alternative framing of the question: "Can people who have official government documents that document them as women, involve non-consenting members of the public in their use of spaces for women?" To which the obvious answer is: yes. Just like my driver's license is valid whether you think I should have one or not.
What is your proposal for how trans men (biological women) who have medically and legally transitioned should be dealt with? Do you think most women who are scared of men would be comfortable with this guy sharing a bathroom with them? While I certainly could imagine a standard that looks like:
I can't see how you could actually write or enforce the laws and social norms around that in a consistent way that actually works out in pratice. The only two reasonable standards are "biological" or "legal documents" in my opinion. Either standard will involve some women sharing a bathroom with some people that they might read as "men", so that can't be the deciding factor.
How far are you willing to take this? Should we systematically look at how certain rooms are used, and if it would ever be the case that there's a woman alone in the room with a man, should we relocate activities or force the man to stand outside or something? Should we have far more women's only spaces than we currently do in society? What rooms besides bathrooms should we be sex-seggregating?
You'd have to codify the actual-but-unspeakable moral intuition that most people have, which is something like: the only sacred/protected category is femininity, and once it has been tainted with masculinity it forfeits its protections. Gender segregation, discrimination and reservations all only serve the purpose of elevating "pure" females.
This is why the anti-trans faction is primarily concerned with MtF as an intrusion upon female privileges and FtM as a threat to impressionable girls, while the pro-trans faction (to a lesser degree) exhibits a preference for focussing on MtF rights as something that men must be compelled to grant and FtM rights as a freedom that women ought to have (and why radfems are a massive nuisance that they would rather forget about). Both sides understand that "protect women" is the only widely shared moral foundation.
In some ways, I kind of want to reject the idea that all of our social policies should be aimed at minimizing female deaths like an autistic actuary.
As a simple example from another domain, I kind of don't care if the facts on the ground are maximally unfavorable to me in, say, the gun control debate because I am pro-liberty and am willing to bite the bullet on this. Even if an angel came down and gave me divinely inspired tablets that showed with 100% certainty that we could reliably remove, say, all ~40,000 gun deaths per year in the United States by repealling the 2nd Amendment (and the vast majority won't convert to knife deaths or whatever), I would still say we should prefer 40,000 annual deaths to the infringement of liberty that would involve.
I don't want to empower the government to enforce any kind of bathroom policy, and so I'm willing to put up with a few women falling victim to men and ex-men in the name of liberty. My opinion wouldn't change if an angel came down and gave me divinely inspired tablets showing that such a policy reliably leads to X female victims of violence each year.
I feel the same way about casual sex with strangers, and a number of other issues. I'm willing to bite the bullet on the idea that freedom often comes with negative consequences for part of the population. I still think the government should enforce contracts that turned out to have been bad bets (which is why I was angry when Scarlett Johansson was succesfully able to cow Disney during the pandemic when they shifted movies to streaming where she got a worse deal - she made a bet, and it turned out to be a bad bet. If Disney wants to smooth things over with her, they can do that outside of the context of a contract dispute as a show of good will, but in an ideal world Scarlett Johansson should have been forced to live with the original bad deal, because that's what contracts are for.)
As in, you're opposed?
No, for. My position is that freedom sometimes makes people worse off, but in the vast majority of such cases we should still let people be free and have the bad outcome.
To tie it back to the trans issue. I would be okay with the government banning kids from transitioning, but against the government preventing adults from transitioning - even if reliable information emerged that medical transition lead to worse outcomes than the alternative. People should be allowed to sterilize themselves, allowed to cut off their breasts, and be prepared to face all consequences of it.
This is also why I favor tattoos and piercing being legal, even if I personally dislike them and suspect they have long term effects on employability and life outcomes.
Gotcha.
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