This past week the US Justice Department, led by Attorney General Loretta Lynch, has filed suit against the state of North Carolina over the state's House Bill 2 (HB2) statute that has been more commonly known as "The Bathroom Law". In response to an extension of the city of Charlotte's anti-discrimination ordinance that would allow transgender people to use the bathroom of the gender that they identify with, HB2 superseded that ordinance and required people to use the bathroom that corresponds to the gender on their birth certificate. Not only did this bill overturn Charlotte's decision, it was instituted statewide so that no other town or city could pass a similar ordinance.
The lawsuit filed by the Justice Department alleges that HB2 violates Title VII of the Civil Rights Act and Title IX of the United States Education Amendments of 1972. An accusation, that if upheld in court, could cost the state of North Carolina over 2 billion in federal education funding. North Carolina filed their own lawsuit that asks the US District Court in their state to declare that HB2 is legal under the provisions of Title VII, Title IX and the Violence Against Woman's Reauthorization Act of 2013. North Carolina governor Pat McCrory has also stated that he thinks "it's time for the US Congress to bring clarity to our national anti-discrimination provisions". He and many others believe that the Federal Government is using Title VII and Title XI as a strong arm tactic to threaten educational funds and make them repeal HB2.
Over the past few weeks since I started following this situation, I've hemmed and hawed over if I should even weigh in on this at all. Maybe it's too touchy. Maybe people would get the wrong idea of what I intend to convey. Maybe it's not worth the controversy and I should just leave it alone. Maybe I'll flap my arms and fly to the moon. Because there is just as much of a chance of that happening as me remaining silent instead of opening a discussion that deals with social matters and situations. That's why I do this. Not to get "likes", favorable comments or accolades, but to offer my opinion and hope that you, my fellow Observers, will state yours. I feel that when it comes to any matter that affects us all, if there is no opposing input debating it, progress will remain stagnant. So, some of you get ready to hit the unlike, unfollow, and unfriend buttons, dig out your thesaurus to come up with a snappy adjective to label me with in the comment section while telling me to do something that is physically impossible because not everyone is going to like what I'm going to write.... which brings me back to why I do this.
First and foremost what I don't understand is why this is even something we are wasting our time and money over. With all the problems this country faces, this is what we choose to move to the head of the line? The only reason I can rationalize this, as well as keep my sanity while trying to figure out why we are, is that it is a vain attempt to sensationalize both sides of a pointless argument. In my opinion, neither side holds any credence whatsoever and I'll tell you why. The truth is I really don't care either way, which is exactly the position most people should take.
I have to say, when it comes to restrooms, I'm usually there for only one reason. On occasion more urgently than others, but again for only one reason. If given the choice, I would rather not use a public restroom in the first place, but that doesn't change the reason why I have to. Who cares if there is a woman dressed like Al from Home Improvement attempting to solve the natural challenges of a urinal in the men's room? The only time that's gonna matter to me is if she gets in my way as I'm racing to the nearest stall, all the time hoping it's in usable condition and there is enough toilet paper. Therefor, within that line of thinking, I've never really given much thought to the exact gender of others I'm running by while taking care of my individual business. So, if a woman desires to urinate standing up or a man chooses to do so sitting down, I just don't see how that interferes or interrupts my personal relief. However, some people do, so let's look at both sides of this useless debate and at least try to understand what all the writing on the wall is about.
What I find a little concerning is that if I had to choose a side (thankfully I don't) I find myself agreeing with more points of view from the conservative side... Wait... what? ...Did I just write that? To begin with, our esteemed Attorney General and the Justice Department have got it wrong. Title VII of the Civil Rights Act applies to discrimination in one's employment. Title IX of the Education Amendments deals with the exclusion or denial of education based on gender. In either case there is no implication or wording in either act title that spells out the use of restrooms, that I can find. You, my loyal reader, are welcome to look for yourself and please notify me if you find any. Maybe I missed it. In other words, the feds are chasing a red herring and are setting themselves up to lose this battle if they stick to these guns. This situation simply does not fall under the jurisdiction of civil rights law and no matter how many people think it should be inclusive to determine the rights of transgender bathroom selection, how many celebrities cancel appearances, if a sports organization is seeking other venues or a business is threatening to find a different location will change that fact.
If you want to make a case about the civil rights of consenting adults wanting to marry whoever they choose without the prejudice of any governing body, then by all means, make it. I'm all ears and I'll buy the poster board and paint for the signs. I've agreed with that philosophy whole heartedly in the past and continue to support it. But we cheapen the social advancements we've made since the Civil Rights Act by trying to make it serve a cause that does not meet the criteria the act itself provides protection for. This is not "White Only" bathrooms and water fountains. This is not preventing someone from acquiring an education or a job. And this is certainly not someone suffering a cross being burned in their front lawn or someone being lynched from a tree. When these liberal rights mongers try to convince the rest of us that this is even comes close to any of these situations it creates a landscape that belittles how far we've come. It is a bloated, exaggerated position designed to create sympathy for their cause that demeans civil rights and should be dismissed as such. This is not segregation and should not be labeled so. It is, in fact, an insult to the people who endured horrors that no one should have had to experience and fought for change. Thousands of citizens did not march on Washington in the sixties so that a man, who considers himself a woman, could use the ladies room because that's what he identifies and feels comfortable with. Does anyone else hear how ridiculous that sounds over all the transgender rights din? At the same token, that same man who considers himself a woman has very right to do so by invoking those very same civil rights he's trying to use for his bathroom privileges. See the difference? Because there is one.
Another reason why this initiative fails is that it excludes men and women who identify with their true gender. What about their bathroom rights? Don't they have any? People seem to think transgender people deserve the right to use the bathroom of the gender they identify with. Don't people that practice true gender identity deserve a bathroom for just their gender? That's a choice too... isn't it? Although some may feel it unjustified or misguided, some people who wish to use a bathroom in accordance with only their gender may feel uncomfortable or "not safe" sharing a restroom with people who are not. Don't they deserve the same consideration? The point is that you cannot recognize the rights of a person or group that will in turn violate another.
Not wanting to leave anyone out of the finger pointing, those creating laws preventing transgender people from using restrooms of the sex they consider themselves are lifting their leg over the wrong tree as well. The most obvious question that we have to ask is that if they do somehow get a national birth certificate gender only bathroom law passed, how do they intend to police it? I know that gets me wondering. Do we really want to fund this? Can you imagine?....Toidy Police? Makes me ponder what their uniform would look like. Little toilet seat laurel embossed patches on their arms, gold plated bathroom tissue clusters on their shoulders, plungers instead of night sticks... you get the point. We can't use that bathroom because Officer Flushright is on duty. It's just as ridiculous as the argument itself.
It all revolves back to an issue that has no solution as laws stand now. This is a completely new situation and has to be addressed accordingly. If we need a law.... really need a law dictating bathroom usage (and it is becoming painfully clear that we do) there is a way to solve the problem without all the civil rights hoopla. Simply make one law that requires all who offer facilities to provide a Men's, Women's and Unisex/Family restroom. That's all you have to do. Just add one more bathroom. Most venues already offer these facilities and it wouldn't be that difficult for those that don't to incorporate one. That would remove any controversy, make everyone happy and keep everyone's rights on a level bathroom floor. Easy peasy lemon squeezy....Sorry,... couldn't resist. I have no doubt that the simplicity of this solution will, in effect, be it's undoing and will fall fate to never being considered as a viable course of action because the compromise will be considered side stepping the issue from both sides. Unfortunately, that's how our society works.
Another sad reality of our culture is that if someone chooses to follow a lifestyle that challenges a society that frowns upon anything that breaks from the norm they will have to compromise on certain instances. No one should ever expect society to adapt to the individual. That's sadly unrealistic and foolish. The individual must adapt to what society can accept. Although disheartening, it is a truth of our race that we have to realize. We have not evolved enough as a species to understand and accept each other unconditionally. There will always be bigotry and fear among us no matter what face it wears or how well it hides itself. The mistake we make is that instead of making legislature within the boundaries of that ugly truth, we incite the spread of prejudice by attempting to outlaw it. Strictly an Observation. If you'll excuse me, I need to find a restroom.
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