How are any of the transgender-locker room laws supposed to work in practice?
I’ve been so busy displaying my virtue on Facebook by denouncing people who live in North Carolina and celebrating PayPal as an example of diversity (nothing says “diverse” like an all-white Board of Directors! (type their names into Google Image search)) that I haven’t had time to ponder the practical questions of gender and lock rooms.
Suppose that Person A walks through a door labeled “Women’s locker room”. Someone complains that Person A doesn’t fit a cisgender-normative concept of “woman.” The police are called? And then what? If there is a law saying that Person A has to use a locker room labeled consistent with Person A’s birth certificate gender, how can that be applied in practice? Person A is not required to carry a birth certificate, right? Some Americans don’t even have birth certificates and/or the authenticity of their birth certificates is questioned. Is Person A hauled off to jail until a birth certificate can be located? A medical examination conducted? A chromosome test run by Theranos?
What if we consider the situation without North Carolina’s hateful laws. Let’s say the above facts occurred in a progressive state such as California. Person A showers with a bunch of women who become upset that Person A lacks a body that meets cisgender-normative assumptions of “female.” Can Person A be arrested for having shown up in clothing from a store’s “men’s department”, using a name traditionally associated with so-called “men”, failing to wear a sign that says ‘I identify as a woman”? If Person A is arrested, what is the legal standard applied to determine whether or not Person A’s gender identification as a woman was legitimate on that particular day?
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