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As most of us are probably aware, the conservative movement’s attacks on trans people and trans rights have gotten particularly ugly in recent months. Most prominent in the spotlight has been North Carolina, where Republican governor Pat McCrory recently signed HB2 into law, which, among other things, requires everyone in North Carolina to use gender-segregated bathrooms in public institutions according to the gender appearing on their birth certificate.
The radical law is part of a wider political wave aimed at creating obstacles in the lives of ordinary trans people (among other communities) that has taken hold across parts of the U.S., including the underhanded campaign that last November resulted in the overturning of Houston’s anti-discrimination ordinance HERO as well as the recent passing of a “Religious Freedom” bill in Mississippi that, like HB2, unambiguously codifies discrimination into law.
As a native North Carolinian, it’s difficult to express my disappointment; while the conservative movement has often had influence, I’ve always thought of my home state as having a more complex balance of political forces and ideas. Unfortunately, supposedly moderate Governor McCrory has played into the reactionary forces within his party, likely as part of a cynical re-election ploy.
While it is not yet entirely clear exactly how these kinds of laws will ultimately impact people’s lives in day-to-day circumstances, there are already indications what may be on the horizon. It’s rather obvious that the bathroom aspect of HB2 cannot possibly be enforced in any consistent manner; however there have already been signs that it may enable targeted harassment of trans people by law enforcement and civilians alike.
It should also be kept in mind that trans people, especially trans women, can face harassment and discrimination with regard to bathroom usage even in the absence of such laws. A recent story from neighboring South Carolina illustrates the point in an unfortunate way: at White Knoll High School in Lexington, a young trans girl named Anna is facing expulsion simply for using the ladies washroom.
Anna had been told she could not use the gendered bathrooms of either sex, but instead must use a single bathroom in the nurse’s room. Obviously this places a special burden on her since she must travel further throughout the grounds to use the bathroom than anyone else at the school, which places her at risk of being tardy for classes, for example. Teachers have also asked Anna inappropriate questions about her gender, even in front of other students.
Finally the bathroom issue has come to a head, as Anna is now facing expulsion from her high school for nothing more than harmlessly using the women’s bathroom between classes. What’s more, this comes a mere four weeks before her planned graduation.
It’s very difficult to understand why school officials would ever escalate this issue to the point of kicking a young girl out of high school, and I can’t help but think this is a sad result of the hyper-sensationalizing of trans bodies and trans lives that has been pushed in recent years by so-called ‘radical feminists’ and conservative extremists alike. In any case, Anna’s supporters have raised a petition to push back against her expulsion; please sign the petition in Anna’s defense here.
Meanwhile, it will probably take years before the full fallout of HB2 and similar hate bills is clear. Much of it will likely depend on how it is enforced on the ground; if the history of “Don’t ask, don’t tell” provides any example, it’s very possible that some agencies will choose to implement these laws in the most anti-LGBT manner possible. And although the date of the incident is not clear, a recently widely shared video of a butch cis woman being kicked out of a public bathroom by police illustrates the point that these laws will likely also impact on gender non-conforming cis women, among others.