American news is awash with tales of the battle of the bathroom bills. In response to a growing general acceptance of LGBT rights, some states have passed laws requiring a person to use the bathroom (and similar facilities, such as locker rooms) for the sex on their birth certificate. These laws have been met with a negative response from much of the business community, making for a rare conflict between Republicans and business interests. The federal government has also taken a stance on this matter, asserting that states that have such laws are in violation of federal law. The Obama administration has warned these states that their violation could cost them federal funds.
Being a veteran runner, I am generally fine with people using whatever bathroom they wish to use, provided that they do not otherwise engage in immoral or criminal activity. Almost anyone who has been at a major race probably has a similar view out of pure practicality. Also, like any mature adult, I go to the bathroom to do my business and as long as everyone else is minding their business, I could care less who is in the next stall. Or urinal. Obviously, I do hold that assault, rape, harassment, stalking, and so on should not be allowed: but all these misdeeds are covered by existing law.
Being a philosopher does require that I give fair consideration to opposing arguments and that that be given the merit they earn through the quality of the reasoning and the plausibility of the premises. As such, I will consider a few arguments in favor of bathroom bills.
One of the most compelling arguments is the one from harm. The gist of the argument is that allowing people to use facilities based on their gender identity will allow rapists, molesters, pedophiles and peepers easy access to women and girls, thus putting them in danger. The bathroom bills, it is claimed, will protect women and girls from this danger.
Since I also accept the principle of harm, I accept the basic reasoning conditionally: if the law did protect women and girls from harm (and did not inflict a greater harm), then it would be a sensible law. The main problem with the argument lies in the claim that the bills will protect women and girls from harm. Many states and localities have prohibited discrimination in public facilities and there has not been an increase in sexual assault or rape. As such, the claim that the bills are needed to protect the public seems to be untrue. The imposition of law should, as a matter of principle, be aimed at addressing a significant harm.
This is not to deny that a person could pretend to be transgender so as to engage in an attack. However, such a determined attacker would presumably attack elsewhere (it is not as if attacks can only occur in public facilities) or could disguise himself as a woman (the law does not magically prevent that). There seems to be an unwarranted fear that bathrooms are ideal places for attacks, which does not seem true. That said, if it turns out that allowing people to use facilities based on their gender identity does lead to a significant harm in regards to increasing sexual assaults and other harms, then the bathroom bills would need to be reconsidered.
A second argument that has been advanced is the privacy argument. The gist of it is that allowing people in facilities based on their gender identification would violate the privacy of other people. One common example of this is the concern expressed on the behalf of school girls in locker rooms: the fear that a transgender classmate might be in the locker room with them.
While our culture does endeavor to condition people to be ashamed of their nakedness and to be terrified that someone of the opposite sex might see them naked, the matter of privacy needs to be discussed a bit here.
On the face of it, gender restricted locker rooms are not actually private. While I am not familiar with the locker room for girls and women, the men’s locker room in my high school had a group shower and an open area for lockers. So, every guy in the locker room could see every other guy while they were naked. I recall many of my fellows (who professed to be straight) checking out the penis sizes of everyone else. Some boys found this lack of privacy too much to take and would simply put their normal clothes on over their gym clothes without showering. Or they would try to cover up as much as possible. As such, the concern about privacy is not about privacy in the general sense. In space, everyone can hear your scream. In the locker room, everyone can see your junk.
As such, the concern about privacy in locker rooms in regards to the bathroom bills must be about something other than privacy in the usual sense. The most reasonable interpretation is privacy from members of the opposite sex: that is, girls not being seen by boys and vice versa. This could, I suppose, be called “gender privacy.”
Those favoring transgender rights would point out that allowing people to use facilities based on gender identity would not result in boys seeing girls or vice versa. It would just be the usual girls seeing girls and boys seeing boys. Since the main worry is transgender girls in girls’ locker rooms, I will focus on that. However, the same discussion could be made for transgender boys.
The obvious reply to this would be to assert that gender identification is not a real thing: a person’s gender is set by biological sex. So, a transgender girl would, in fact, be a boy and hence should not be allowed in the girls’ locker room. This is presumably, based on the assumption that a transgender girl is still sexually attracted to girls because he is really still a boy. There seem to be three possibilities here.
The first is that transgender girls really are boys and are sexually attracted to girls (that is, they are just faking) and this grounds the claim that a transgender girl would violate the privacy of biological girls. This would seem to entail that lesbian girls would also violate the privacy of biological girls and since about 10% of the population is gay, then any locker room with ten or more girls probably has some privacy violation occurring. As such, those concerned with privacy would presumably need to address this as well. The worry that a “hidden homosexual” might be violating privacy could be addressed by having private changing rooms and closed shower stalls—however, this would be quite costly and most public schools and facilities would not have the budget for this. As such, a more economical solution might be needed: no nakedness in locker rooms at all to ensure that privacy is not being violated. People could wear bathing suits while showering and then wear them under their clothes the rest of the day. Sure, it would be uncomfortable—but that is a small price to pay for privacy.
The second is that transgender girls are not sexually attracted to girls and hence do not violate their privacy: they are just girls like other girls. It could be objected that what matters is the biology: a biological boy seeing a biological girl in the locker room violates her privacy. Arguing for this requires showing how the biology matters in terms of privacy—that being seen non-sexually by biological girls is no privacy violation but being seen non-sexually by a biological boy who is just going about their business is a privacy violation. That is, if the person looking does not care about what is being seen, then how is it a privacy violation? The answer would need to differentiate based on biology, which could perhaps be done.
The third is that transgender girls are just girls. In which case, there is no privacy violation since it is just girls seeing girls.
While the harm and privacy arguments do have some appeal, they do not seem to stand up well under scrutiny. However, they might be other arguments for the bathroom bills worth considering.
Once and future presidential candidate Mike Huckabee recently expressed his concern about the profanity flowing from the mouths of New York Fox News ladies: “In Iowa, you would not have people who would just throw the f-bomb and use gratuitous profanity in a professional setting. In New York, not only do the men do it, but the women do it! This would be considered totally inappropriate to say these things in front of a woman. For a woman to say them in a professional setting that’s just trashy!”
In response, Erin Gloria Ryan posted a piece on Jezebel.com. As might be suspected, the piece utilized the sort of language that Mike dislikes and she started off with “listen up, cunts: folksy as balls probable 2016 Presidential candidate Mike Huckabee has some goddamn opinions about what sort of language women should use. And guess the fuck what? You bitches need to stop with this swearing shit.” While the short article did not set a record for OD (Obscenity Density), the author did make a good go at it.
I am not much for swearing. In fact, I used to say “swearing is for people who don’t how to use words.” That said, I do recognize that there are proper uses of swearing.
While I generally do not favor swearing, there are exceptions in which swearing was not only permissible, but necessary. For example, when I was running cross country, one of the other runners was looking super rough. The coach asked him how he felt and he said “I feel like shit coach.” The coach corrected him by saying “no, you feel like crap.” He replied, “No, coach, I feel like shit.” And he was completely right. Inspired by the memory of this exchange, I will endeavor to discuss proper swearing. I am, of course, not developing a full theory of swearing—just a brief exploration of the matter.
I do agree with some of what Huckabee said, namely the criticism of swearing in a professional context. However, my professional context is academics and I am doing my professional thing in front of students and other faculty—not exactly a place where gratuitous f-bombing would be appropriate or even useful. It would also make me appear sloppy and stupid—as if I could not express ideas or keep the attention of the class or colleagues without the cheap shock theatrics of swearing.
I am certainly open to the idea that such swearing could be appropriate in certain professional contexts. That is, that the vocabulary of swearing would be necessary to describe professional matters accurately and doing so would not make a person seem sloppy, disrespectful or stupid. Perhaps Fox News and Jezebel.com are such places.
While I was raised with certain patriarchal views, I have shed all but their psychological residue. Hearing a woman swear “feels” worse than hearing a man swear, but I know this is just the dregs of the past. If it is appropriate for a man to swear, the same right of swearing applies to a woman equally. I’m gender neutral, at least in principle.
Outside of the professional setting, I still have a general opposition to casual and repetitive swearing. The main reason is that I look at words and phrases as tools. As with any tool, they have the suitable and proper uses. While a screwdriver could be used to pound in nails, that is a poor use. While a shotgun could be used to kill a fly, that is excessive and will cause needless collateral damage. Likewise, swear words have specific functions and using them poorly can show not only a lack of manners and respect, but a lack of artistry.
In general, the function of swear words is to serve as dramatic tools—that is, they are intended to shock and to convey something rather strong, such as great anger. To use them casually and constantly is rather like using a scalpel for every casual cutting task—while it will work, the blade will grow dull from repeated use and will no longer function well when it is needed for its proper task. So, I reserve my swear words not because I am prudish, but because if I wear them out, they will not serve me when I really need them most. For example, if I say “we are fucked” all the time for any minor problem, then when a situation in which we are well and truly fucked arrives, I will not be able to use that phrase effectively. But, if I save it for when the fuck hits the fan, then people who know me will know that it has gotten truly serious—I have broken out the “it is serious” words.
As another example, swear words should be saved for when a powerful insult or judgment is needed. If I were to constantly call normal people “fuckers” or describe not-so-bad things as being “shit”, then I would have little means of describing truly bad people and truly bad things. While I generally avoid swearing, I do need those words from time to time, such as when someone really is a fucker or something truly is shit.
Of course, swear words can also be used for humorous purposes. This is not really my sort of thing, but their shock value can serve well here—to make a strong point or to shock. However, if the words are too worn by constant use, then they can no longer serve this purpose. And, of course, it can be all too easy and inartistic to get a laugh simply by being crude—true artistry involves being able to get laughs using the same language one would use in front of grandpa in church. Of course, there is also an artistry to swearing—but that is more than just doing it all the time.
I would not dream of imposing on others—folks who wish to communicate normally using swear words have every right to do so, just as someone is free to pound nails with a screwdriver or whittle with a scalpel. However, it does bother me a bit that these words are being dulled and weakened by excessive use. If this keeps up, we will need to make new words and phrases to replace them—and then, no doubt, new words to replace those.