Why North Carolina Got the ‘Bathroom Bill’ Right And the Transgender Lobby Gets It All Wrong

By Frank Turek Published on March 30, 2016

Lies are born the moment someone thinks the truth is dangerous. Apparently, a good number of business and sports executives think the truth about North Carolina’s “bathroom bill” (HB2) is dangerous; that’s why they are lying about it. Well, perhaps I should be a bit more charitable: some may not be overtly lying about it, but they are expressing their disapproval without knowing what the bill actually does.

On Monday Lt. Governor Dan Forest, who helped call the special session to pass HB2, phoned the executive in charge at one large protesting company and simply asked if him if he or anyone there had actually read the bill. He admitted they had not. They just labeled it “discriminatory” without even reading it.

Who needs the truth when you make so much “progress” by ignoring facts and engaging in the very bigotry and name-calling you claim to oppose?

The truth is they, like other companies who haven’t bothered to read the bill, are simply taking their marching orders from the misnamed “Human Rights Campaign,” which has the audacity to claim that men have a human right to have access to women and girls in public bathrooms, and that any acknowledgement of the biological differences between men and women is somehow discriminatory against people who prefer same-sex relationships.

In the name of diversity, I’d like to offer an opposing view in six points:

1. All good laws discriminate against behaviors, not people.

No one is being discriminated against with HB2, which discriminates against the behavior of a man using the women’s restroom. If any law is wrongly discriminatory it is the bad law passed by the Charlotte City council. It created this controversy and discriminates against women and children by making public restrooms unsafe for them.

The ACLU has already filed a lawsuit alleging HB2 does not provide “equal protection” to some folks. Ironically, it’s only because of HB2 that women and children get “equal protection” from predators in public bathrooms!

2. People are equal, but their behaviors are not.

Good laws treat all people equally, but not all of their behaviors. In fact, the very reason laws exist at all is because all behaviors are not equal and must be treated differently, for the benefit of individuals and society. HB2 discriminates against no one who identifies as LGBT. The law merely sets conditions for safe public bathroom use (behavior) for everyone, and keeps employment law consistent across the state (more on this below).

3. Your sexual identity is not in your feelings but your biology.

I can’t believe there is actually a need to say this, but many on the Left are living in their own invented reality and demanding that we live in it too. The reason we’ve always had separate bathrooms is because of biological sexual differences, not because of feelings or “gender identity.” HB2 simply says that people will use public bathrooms that align with their biological sex as found on their birth certificate.

How could this possibly be controversial? Are we to risk the safety of millions of women and children in public restrooms because an extremely small number of people are experiencing a mismatch between their psychology and their biology? Good public policy does not risk the physical safety of women and children so an extreme few have a preference for a different bathroom.

Moreover, HB2 actually accommodates people who have had so-called “sex change” operations. They can use the bathroom of their choice provided they’ve had their birth certificate changed. It also affects only public restrooms. Companies and other private organizations can adopt any policy they want for their workplace.

Does the NBA and the NFL allow men in women’s bathrooms? Does Apple, Cisco? Marriott? Lowes? And if any of them does now have such a policy, would the company have appreciated being forced by the government to change its policy rather than having the freedom to make the change freely after a review and reflection process about what was best for the organization’s workers and customers? If the answer is no to either question, why are these companies now insisting the government force everyone to adopt this new approach? Why do they think North Carolina is wrongly discriminating when many of them are doing exactly the same thing in their businesses?

And why aren’t these holier-than-thou folks threatening to pull their business from Iran and Saudi Arabia, countries that are actually murdering homosexuals? Their moral outrage is not only misdirected, it shows that they’re willing to put women and children at risk by kowtowing to a deceptive special interest group — but they’ll sacrifice nothing to save the people they say they care about by confronting real evil abroad.

4. The danger is real from sexual predators in women’s restrooms.

If you don’t think so, then watch this video. Just the first six minutes are chilling enough.

5. Race and LGBT are not the same.

Race is not a behavior, and race does not determine someone’s behavior. But homosexuality is a behavior, and LGBT political goals are all about imposing certain leftist behaviors on others, from forcing people to participate in same-sex marriage ceremonies to allowing men in women’s restrooms.

The Human Rights Campaign also wants to use the strong arm of government to force companies to give employment preference to a long list of sexual orientations. This would mean that someone who claimed a homosexual orientation — or someone who exhibited the behavior of cross-dressing at work, for example — would have more job security than John or Jane Doe. How so? Because if a company has to downsize, who are they going to let go — one of the helpless Does, or the person who can bring a costly lawsuit alleging “discrimination”?

6. Opposition to harmful behavior is not bigotry.

It is wise. Unfortunately, some on the Left and in business falsely equate opposition to a behavior as prejudice toward people who engage in that behavior. That’s the central fallacy in virtually every argument the Human Rights Campaign puts out — if you don’t agree with every aspect of LGBT behavior or their political goals, you are somehow bigoted against people who identify that way. If political opposition is bigotry, then the activists at the Human Rights Campaign are bigots too, for the way they oppose conservatives. The truth is, conservatives have good reasons based in public health and safety for not wanting to advocate for same-sex marriage or men in women’s bathrooms. But it’s much easier for the Human Rights Campaign to ignore those arguments and call people names.

The truth is just too dangerous.

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  • Gary

    We seem to live in a day when people think they have a right to do whatever they want. Trying to convince people who have that philosophy that they are mistaken is usually unproductive. They will insist that anyone who refuses to embrace what they view as their rights is a bigot who is determined to deny them their rights, and such people should be at least rebuked, if not subject to fines and/ or imprisonment. If you tell them that you just want to stay away from them, they will insist that any attempt to keep your distance from them is blatant discrimination and bigotry that cannot be tolerated. So it is all about them. They get to do what they want, and your role is to approve of whatever they decide.

    • NGN

      nobody want or needs your approval gary. just kills you that gays have the same rights as you and I…LOL!

      • Liz Litts

        You are one of the most selfish people I have ever encountered.

      • Michael Bagnall

        If no one wants his approval why is everything they do geared to force him and those of is who agree with him to give their approval of it. They seek to legislate us into giving our approval. The fact that you think that what you said was an actual rebuttal or that it had any value is precisely the problem, the sheer immaturity of the progressive left.

  • Nate L

    A response to the author’s points:

    1. This law isn’t about keeping men from using the women’s restroom, it actually forces men to use the women’s restroom (and vice versa). Transgender men ARE men.

    2. The author’s second point is more of a support for the other points, but it does seem to imply that transgender women and girls are somehow a danger to other women and girls.

    3. This is simply not true. The author is completely ignoring the reality that gender identity can differ from the gender assigned at birth.

    4. An anecdote, even in video form, does not prove a pattern. You can show as many videos as you like of sexual predatory behavior in bathrooms, and it still won’t prove that this bill protects women.

    5. LGBT people do not choose to be LGBT, just like people don’t choose their race. The comparison is actually a lot closer than the author would like to admit. homosexuality is not a behavior, it is a state of being. As for the HRC wanting to discriminate in employment against heterosexual people, I’m gonna need a citation on that one.

    6. Even if we treat LGBT status as a behavior, which it isn’t, it’s not harmful. So governmental opposition to it is even less justified than governmental opposition to religion, which is a behavior (or “choice”, if you will), and which is at least as likely to cause harm.

    • Wayne Cook

      A series of ad hominem “arguments”. Even the AMA agreed with NC legislature.

    • Wayne Cook

      A series of ad hominem “arguments”. Even the AMA agreed with NC legislature.

      • Nate L

        By “AMA”, I assume you are referring to the American Medical Association? It’d be nice if you could provide a link to said agreement.
        As for your description of my points as “ad hominem ‘arguments'”, I’m not sure what about my response constitutes a personal attack. At no point in my response did I bring up the author’s character. How have I committed an ad hominem fallacy?

  • Your Ten Principles betrayed the invalidity of your opinion.

    • WARIII

      Apperently you need to go back to remedial reading and learn reading comprehension .

      • radicalizedconservative

        APPERENTLY???? You just made an azz out of yourself, WARIII! Did you not notice that spell check under scored your word so you would know it was not spelled correctly??? You need to go back to remedial spelling comprehension….ha!

        • WARIII

          Because I mis-spelled a word does not change the validity of my statement.

  • Polly W

    Just wanted to clear things up, if you have a winky go in the boys restroom, if you don’t have a winky go in the girls restroom….I know it’s confusing and it takes a lot of thought to figure this out so once again winky/boys no winky/girls if you’re still confused see your doctor they will examine you and tell you which one you are.

  • TruthTeller

    Much of this debate centers on common decency and respect for others. I do not want a man using the same restroom and shower facility as my daughter. Why would any person would want to impose such disrespect and indecency upon women/girls and their families? Some could care less about those qualities in every day conduct. With that statement I will be instantly labeled a bigoted, homophobic, ignorant human in need of diversity counseling. It is my belief that those born woman or man who feel like they should be the opposite are the ones desperately in need of psychological help. Hormone therapy/surgery will never change who you really are, it only alters your physical appearance.

  • radicalizedconservative

    What Dan Forest said is 100% correct. If you have gone through the procedure to PHYSICALLY change your sexual identity, get a new birth certificate that shows you are a woman or girl and use the ladies room without issue. Gays have nothing to do with this bill as they use the correct restrooms anyway so why are they thrown into the mix???

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