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Another GOP Lawmaker Wants to Criminalize Transgender Bathroom Use

Following in the footsteps of Republican lawmakers in other states who've introduced legislation to criminalize transgender bathroom use, Virginia House Delegate Mark Cole (R) has introduced a pair of bills that would fine adults and children for using the "wrong" restroom.

HB 663 requires that all public restrooms and all school restrooms, locker rooms, and shower rooms to be “designated for use by a specific gender to solely be used by individuals whose anatomical sex matches such gender designation.” It defines anatomical sex simply as, “the physical condition of being male or female, which is determined by a person’s anatomy.”

HB 781 uses slightly different language instead of “anatomical sex.” It requires that all public restrooms and all school restrooms, locker rooms, and shower rooms be “designated for and used by individuals/students based on their biological sex.” It defines “biological sex” as the physical condition of being male or female, which is determined by a person’s birth certificate and is identified at birth by a person’s anatomy or by a birth certificate amended in accordance with subsection E of § 32.1-269.” That statute does allow transgender people to change the sex on their birth certificate, but only if they’ve undergone sex reassignment surgery.

Under this ridiculous legislation, adults and children would be fined $50 for using the restroom that corresponds with the gender they identify as. But as is the case with previous introductions of similar legislation, there's virtually no way to enforce it without physically inspecting everyone's genitals.

Why do Republicans want to closely inspect and monitor the genitals and bathroom use of school children?

In any case, I'll repeat it as many times as it needs to be repeated: gender cannot and should not be reduced to a binary of genitals. To say that anatomy is the only determining factor is not sound science.

Not every transgender person chooses to undergo reassignment surgery nor should they be required to if they want to use the fucking bathroom. It's just a goddamn bathroom. Transgender people are not trolling for victims to assault in public restrooms and certainly not school restrooms. They just want to go about their business like everyone else and get the fuck outta there before some paranoid, homophobic asshole like Mark Cole decides they're a threat.

If this isn't "big government," what is?

  • Aynwrong

    Oddly enough, what this reaffirms (for me anyway) is that we truly are a nation that needs minority protection laws and hate crime laws because transgender people have far more to fear from people like Mark Cole than people like Cole will ever have to fear the transgendered.

    Mark Cole and his ilk make me sick.

    • Christopher Foxx

      transgender people have far more to fear from people like Mark Cole than people like Cole will ever have to fear the transgendered

      You could replace “transgender” in that sentence with any minority or group (gays, blacks, women, Muslims, Mexicans, Americans) and it would remain an absolute truth.

  • Georgie

    Well as a woman they (the R’s) have been trying to inspect and monitor our genitals for quite awhile now, so this doesn’t surprise me.

  • muselet

    Cole described the legislation as “common sense legislation designed to protect the privacy of children and adults.”

    Funny, I thought the privacy of children and adults was intended to be protected by the doors on the stalls. [Fair warning: the link goes to Mark Cole’s personal website. It’s amusing to see how defensive he is about this legislation, but be aware the site uses cookies.]

    Mark Cole’s proposed bills have nothing to do with transgender people using public toilets. In fact, if someone were to ask him, my five bucks says he would deny transgender people even exist.

    The bills have everything to do with punishing and humiliating anyone who dares not to conform to gender norms. For decades, the target has been gays, but society is starting to accept that gays aren’t monsters, so Righties have been forced to look around for another sexual minority to attack.

    I do wish Righties would grow up.

    –alopecia