Anna Phillips Philosophy Paper

Philosophy Paper

17 April 2017

Lately, there are a lot of political “hot button” topics such as abortion and health care that are constantly being covered by the media. Everywhere you go, people seem to be talking about these issues and most of them have very strong feelings about them which keeps them from understanding each other’s point of view. One such issue that most people feel very strongly about but don’t understand deals with transgender people. In particular, the issue that really pushes people’s buttons, is the right of transgender persons to use the bathroom of their choice. In North Carolina, HB2 encompases many controversial provisions but one of the worst is that requiring transgender persons to use the bathroom that corresponds to their gender identity at birth or the gender on their birth certificate. Other states have passed similar laws and these laws are wrong. Transgender persons should be allowed to use the bathroom of their choice in order to prevent discrimination and economic loss and to keep transgender people safe.

First, not allowing transgender persons to use the bathroom of their choice is discrimination which we should not allow. The federal government has said that requiring students to use public school restrooms and locker rooms that correspond with their birth gender violates Title IX of the Civil Rights Act that prohibits discrimination in all schools. If this kind of discrimination is allowed, then only people who can afford surgery or afford to take legal action to change their birth certificate would be allowed to use the bathroom with which they identify.
Laws like HB2 which make discrimination legal leads to more discrimination. Many local governments are considering or have passed other laws aimed specifically at blocking specific LGBT rights. The national headquarters of the ACLU describes North Carolina’s HB2 as the “most extreme anti-LGBT measure in the country.” In North Carolina however currently employment is considered to be “at will” which means there is no protection for someone from getting fired for being gay or transgender. There have been state laws for protection of workers but not for those who are LGBT. HB2’s language makes it very clear that there is no intention for the state to step up and create new protection based on sexual orientation or identity and will not allow counties to do so. So if we allow discrimination of transgender persons in the bathroom then it makes people think other laws that discriminate against transgender persons are okay.

These laws also make people think it is okay to discriminate against transgender people themselves or to treat them badly. There have been situations where people wouldn’t let gay or transgender people shop in their stores or eat in their restaurants. It is not right to treat people badly because of their sexual identity.

Secondly, if states require transgender persons to use the bathroom that corresponds to their gender identity at birth it will create and has already created a backlash and had a horrible impact on local economies. In July of 2017, the National Basketball Association announced the move of its All- Star Game in Charlotte. That loss alone was estimated to cost the city $100 million dollars. More athletic associations rescheduled events in response to North Carolina’s discriminatory law. The National Collegiate Athletic Association on September 12, 2016, moved games for the men’s basketball tournament. Forty-eight hours later, the Atlantic Coast Conference also announced its move of the conference football championship game from Charlotte. The money lost, as a result, impacts many people, including the jobs that are provided through sports events as well as the hotels, restaurants and vendors.

Furthermore, it is not just athletic associations who are taking a stand against discrimination. Paypal revoked its decision to move to Charlotte causing over 400 jobs to be lost. Braeburn Pharmaceuticals said it was considering a research and manufacturing facility in Durham which would have provided 52 jobs and a $20 million investment, but changed its mind as well. American Airlines, Lowe’s, Apple, Facebook, Google, Microsoft have also expressed their disappointment with the state’s action. Bruce Springsteen and Pearl Jam have canceled shows at North Carolina venues in response to the discriminatory law. Finally, the U.S. Justice Department warned all states that laws that discriminate against transgender persons by not allowing them to use the bathroom of their choice jeopardizes billions of federal dollars given to the state each year in money for schools, colleges, and other institutions.

People who support HB2 and oppose allowing people to use the bathroom based on self- perceived gender rather than biological sex argue that doing so would leave women and children vulnerable to sexual assault. However, studies have shown that transgender persons are no more likely to be sexual predators than anyone else. This is proved by the fact that many transgender persons have been secretly using the bathroom of their choice for years and there haven’t been all these assaults that people are afraid of.

Also, while there is no proof that allowing transgender people to use the bathroom of their choice would result in people being sexually assaulted, not allowing them to do so is dangerous to them. Many transgender people have reported being physically attacked in bathrooms because their appearance made people think they were in the wrong one or because they just didn’t want them in there. This has happened in both women’s bathrooms and men’s bathrooms. Therefore, it is not safe to make transgender people use bathrooms that do not correspond to their gender identity and many transgender people will tell you how unsafe they feel.

In conclusion, not allowing transgender people to use the bathroom of their choice is discrimination which should not be allowed. It makes people think it is okay to treat transgender people badly and leads to more discrimination against them. This discrimination has an economic impact which causes people to lose jobs and other revenues. While some people are afraid that transgender people will assault women and children if allowed to use the bathroom that they choose, it is just the opposite. Transgender people are the ones who are not safe.

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