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« Spain Sells WMD's To Hugo Chavez | Main | The "Progressive" Left's Inconsistent Standard on Questions of Sexuality »
April 11, 2005

Gender Is A Social Construct; Doubly So When It Comes To Making a Stinky

Dudes are now allowed to use women's bathrooms. It's about f'n' time:

Earlier this month, a New York security firm settled a case that charged the company with unlawfully discriminating on the basis of "gender identity." In two incidents, representatives of the firm had questioned the use of the women's restroom by persons who, while biologically male, identify themselves as female.

By so doing, the firm thereby violated New York City's Human Rights Law, as construed in official guidelines promulgated in 2002. The settlement requires the defendant to pay each claimant $2500 and to take measures to comply with the law in the future.

Just days earlier, in an unrelated case, a New York State intermediate appellate court had issued a contrary ruling. The court concluded that the city's ban on transgender discrimination is not violated by requiring transgendered persons to use the restrooms designated for persons with their biological sex.

Resolving the conflicting authorities may require further administrative, legislative and judicial action at the city and state level. In the meantime, New Yorkers and others will be left puzzling over a surprisingly difficult question: Who should be permitted to use the men's and women's rooms, respectively?

Hmmmm... just an idea. How about men use men's bathrooms, and women use women's?

Transendered persons--people whose dress, mannerisms, speech patterns and social interactions do not match the typical pattern for those with their biological sex--are frequently victims of unfair discrimination.

A biological "man" who experiences life as a woman, and who speaks and dresses accordingly, may be no less capable of performing surgery or balancing corporate accounts than a man (or woman) who happily accepts the gender society prescribes for him (or her). And yet the transgendered person will, because of prejudice, have a harder time finding a welcoming employer.

Accordingly, it is perfectly appropriate, and indeed, laudable, for New York City's Human Rights Law to prohibit gender identity discrimination.

Note that the concept of "transgenedered" has been defined rather expansively here. It's not merely restricted to those who have undergone (or are undergoing) sex reassignment surgery, or to those whose genitals are indistinct or hermaphroaditic (as is the case with Hoke Malokey and, of course, JeffB.).

No, it also includes "people whose dress, mannerisms, speech patterns and social interactions do not match the typical pattern for those with their biological sex." Which, you know, also seems to include transvestites -- the majority of whom are actually straight, I'm told. (They just like to feel pretty... and who can blame us?)

I have no doubt that those afflicted (and I'll catch heat for that word, of course) with an ambiguous sexuality are subject to discrimination, conscious and unconscious, subtle and overt.

But I also think that women are entitled to know their bathrooms are a penis-free zone. That does not strike me as an unreasonable expectation.

It may be that there large corporations can, and should, provide "Co-Ed" or "Other" bathrooms on every other floor as a reasonable accomodation to that tiny fraction of the population whose sex is indisctinct or subject to debate. Somehow, though, I think New York's ultraliberal judges will find that the "every other floor" rule inherently discriminatory -- hell, half of three people working at a large corporation whose sex is indistinct might have to take the stairs or elevator to make a pee-pee -- and that there is an inherent stigma associated with "Third Way" bathrooms.

Questions like this always involve a balance of the competing (and legitimate) interests of a minority population and the majority. But for the liberal judges that invest the northeast courts, there is no balance -- the minority always prevails, and the majority's interests are always trumped.

So, ladies, you're on notice. If you're kinda hot and headed to the can, I just might decide I'm feeling a bit more in touch with my feminine side than usual. And I trust the New York Courts will back me up in my quest to spy through the cracks in the bathroom-stall's door.

Thanks to RCL.


posted by Ace at 11:11 AM
Comments



I wrote a paper on gender titled, oddly enough, Gender As A Social Construct.

No purpose to this, just great minds I guess.

Posted by: Alan on April 11, 2005 11:42 AM

To summarize the courts findings:

If I wear panties underneath my jeans, I go into the women's bathroom. If I wear jockey shorts, I go into the men's bathroom.

Does the same rule apply to women's locker rooms?

Posted by: Jake on April 11, 2005 11:57 AM

"A biological 'man' who experiences life as a woman..."

What about 'men' who experience life as a turnip? Where's our bathroom?

Posted by: Blain on April 11, 2005 12:00 PM

I should have known when I read Transgendered persons ... are frequently victims of unfair discrimination. As well they should be! They are acting out as freaks and they know they are. When men can claim to be women and sue to use their rest rooms and be taken seriously what the hell is up with us? Have we lost our minds?

Cheesh! And people wonder why I left New York!

As anyone who turns on a TV these days can see: the Liberal Media is trying to make us all gay. The prominence in the media of black male (and female) figures as strong, macho, leaders like the police chief,the medical director, the chief of surgery, the mayor, the head partner, (and the prominence of women too in those positions, too) and the lack of white men in those positions has fostered a very powerful stereotype that blacks are somehow stronger and superior to whites, and over time, has a self-fullfilling quality to it that only years of seeing these images over and over can have.

It is clear that the Liberal Left Media is trying to do the same thing with gays, i.e., showing them constantly as friendly, funny, sympathetic, intelligent, artistic and all the other false gay stereotypes. I recently found a gay magazine (no not porn) about gays in the media with a picture on the cover of Allan Cummings. The name of the magazine was, of all things, "OUTSMART!" And the title said it all.

And if we do not take action our children will grow up in a world where these self-fullfilling stereotypes will really become true. Do you want this for your children?

The only way we can change this is through the direct action of boycott.

THE RIGHT MUST BOYCOTT!!!

Posted by: 72VIRGINS on April 11, 2005 12:06 PM

I was born in the wrong body, because, deep down in my heart, I know I am Brad Pitt.

I talk like Brad Pitt. I walk like Brad Pitt. I act like Brad Pitt. I have had surgery to make myself look like Brad Pitt.

That makes me Brad Pitt, right?

OK, substitute "woman" for "Brad Pitt."
Does that make it any LESS ridiculous?

Posted by: "Brad Pitt" on April 11, 2005 12:43 PM

hooo boy!! Guess I'm right in not letting my nine year old go to the ladies room by herself even when I'm nearby.

This world is getting to be so fucked. There's "live and let live" and then there's plain outrageous. Now, I, as a law-abiding semi-normal woman who occasionally adjusts her brassiere in the ladies room, has to hide in a stall and be on the watchout for weirdos??!!!

New York!!???

I just don't get it. Ace's solution of gender-neutral facilities works for me. Hell, even at the mall, there are individual locakable bathrooms called "family" bathrooms. They can solve all the handicapped equality issues equitably. How come straight women now are to be discriminated against?!

I've had it. My sister and I were planning on setting up our own island nation. I was to be minister of propaganda. That's it! I am so outta of here!!!!!!!

Posted by: posflanagan on April 11, 2005 12:55 PM

What a stunningly idiotic waste of mental bandwidth and court time. 72Virgins nails it... if you choose to live like a freak be prepared for the societal consequences.

No amount of legislation or badgering from the scolds on the left will change the fact that human being, by their very nature, are shocked by FREAKS.

Posted by: keggin on April 11, 2005 01:22 PM

If a man walks into the bathroom while I am there, and I perceive his presence to be threatening, can I hit him with pepper spray, or a shiv, then run screaming out of the can and have him charged with sexual assault?

Remember, its not what he says or does in objective reality that matters in such cases, its only my perception of the event that matters.

A few episodes like that would kind of put an end to all this bullshit, and show how inconsistent the liberal message is.

Plus it would be fun to pepper spray a perv.

Posted by: lauraw on April 11, 2005 01:33 PM

Just avoid my eyes. You can make your point spraying my shirt.

Posted by: ace on April 11, 2005 01:34 PM

I have to wait long enough in line (too long IMO) to use MY public bathroom at movie theaters, sporting events, etc, as it is. If I have to wait longer 'cuz some "stander-upper" is ahead of me, I just might take action to make sure that person becomes what they wish sooner.

Posted by: cardeblu on April 11, 2005 01:37 PM

Some of the comments here are, how to say, uhelpful? I've had a couple of transgendered friends, and I didn't consider them to be "freaks". There are some very flamboyant "drag queens" out there (like Ace) but from what I have observed those are not the types who are seeking to hold down regular day jobs. My friends just wanted to blend in and be as "normal" as they could be under the circumstances.

The law allows transgendered persons to live in the role of their "mental" sex (as Ace notes, this is usually in preparation for sex reassignment surgery -- and the standards of care require them to live in their reassigned role for at least two years prior to surgery). If they use the mens' room, they risk being subjected to harassment and violence. Of course, they don't want to inconvenience anyone, but when you gotta' go you gotta' go. You know?

I think that Ace generally gets it right by suggesting some very narrowly tailored solutions on an employer-by-employer basis. This is actually a very rare phenomenon, and unless you live in a city where transgendered persons tend to congregate (NYC probably has more than its fair share) chances are slim you will ever encounter a transsexual in a public restroom.

Posted by: SWLiP on April 11, 2005 01:46 PM

I should add that one of my TG friends passed so well that you would never know she was born male if you met her. She used to joke that the only thing she had to worry about when using the restroom was to make sure her feet were pointed in the right direction.

I agree that a restroom encounter with a male to female TG who didn't pass (like Ace) could be disconcerting.

Posted by: SWLiP on April 11, 2005 01:50 PM

Well SWLiP its the linebackers in gingham frocks that cause the problem, not the little pretty guys.

Bottom line, guy walks into bathroom, I walk out and call security. Or pepper spray him. Depends on whether I've had my St. John's Wort that day or not.

Posted by: lauraw on April 11, 2005 02:13 PM

SOCIAL DECONSTRUCT

Boy the way Glenn Miller played,
(Refers to primitive, ancient non-electronic wind instruments that had to be played by a person to make music, before computer generated music and song; before tele-screens were placed in every room)

Songs that made the hit parade,
(Refers to primative, ancient transmission of music and voice through the use of radio frequency; before there were surveillance microphones placed everywhere for our protection)

Guys like us we had it made,
(Refers to the ancient and primative White Male Hegomony period in which there was rampant discrimination, violence, and opression, before the current Black-Gay-Female-Hegomony to pay them back for all of that).

Those were the days,
(Refers to inappropriate longing wanting to return to this primative White Male Hegomony Period of ancient times; punishable by death under the World Court HATE-THINK RULES).

And you knew who you were then,
(Refers to a primative and ancient time before persons had gender-anxiety and gender-counselors in grade school to help them achieve post-modern-and alternative-sexual-differing lifestyles)

Girls were girls and men were men,
(Refers to an ancient and primative time when persons were allowed only one gender role at a time. Enforced by the White Male Hegomony over the millenia, this period of homophobia, racism, oppression of blacks, and women, existed until the current Black-Gay-Female-Hegomony to pay them back for all of that, and before Double-Think and Duck-Speak were instituted by the Hate-Speech-Hate-Thought SS.

Mister we could use a man like Herbert Hoover again,
(Refers to ancient and primative President of the United States of America, before the World Government ruled by the Black-Gay-Female-Hegomony for life.)

Didn't need no welfare state,
(Refers to an ancient and primative time before the World Government when no one received was supported by the Government.)

Everybody pulled his weight,
(Refers to an ancient and primative time during the White Male Hegomony in which persons were actually expected to support themselves without any World Government subsidy!)

Gee my old La Salle ran great,
(Refers to an ancient and primative time White Male Hegomony when fossil fuel engines provided power for transportation, before the use of bicycles, candles became mandatory.)

Those were the days!

Posted by 72VIRGINS at

Posted by: 72VIRGINS on April 11, 2005 02:25 PM

This whole transgender thing is getting out of hand. I am a student at the University of New Hampshire. You may have heard of UNH. It's the school that took two bathrooms, one male and one female, and made them both "gender neutral" bathrooms. If not, please allow me to fill you in.

This was not out of convenience, because the bathrooms are RIGHT NEXT DOOR to each other. No, this was done to cater to the feelings (not needs, feelings) of less than 1% of the student population, an estimated 8 of over 12,000 students. I went in one once. The doors have locks that little stickers on the door say you can lock for your privacy. The one I went into happened to be previously a wommyns' room. When I was done, there were 3 wommmyynses waiting for me to get done because I had locked it and they didn't want to use the one that used to be a men's room.

This was all brought to us by the "Alliance" (http://www.unh.edu/omsa/alliance/index.html) which used to be called the gay and lesbian alliance (GL), then they added bisexual and Tranny (GLBT), recently they added questioning (GLBTQ). Now it's called GLBTQQIAF and I have no freaking idea what the rest of the letters after the first Q are. This was done in response to a GLBTQQIAF conference this past weekend. Unfortunately, as a CS student, I had 4 tons of homework to do, and didn't make it up to campus for that one.

Posted by: Stavro99 on April 11, 2005 02:49 PM

lauraw:

I realize that you are probably kidding, but I wouldn't recommend pepper-spraying anybody unless you are being assaulted or battered or are in reasonable fear of an imminent assault or battery. An unprovoked pepper-spraying could get you into legal hot water, including a charge of battery and possibly a civil lawsuit. That would be ironic.

Besides, you're more likely to be molested by an old lesbian than a TG.

Posted by: SWLiP on April 11, 2005 02:54 PM

SWLiP, I pepper spray people all the time, for no reason except that I don't like how they look.

Never been charged with assault, I don't know what you're talking about. It's fine.

Posted by: lauraw on April 11, 2005 03:12 PM

...back to the article for a minute.

The author says this about straights...

"...a man (or woman) who happily accepts the gender society prescribes for him (or her)."

Wait a g-damn minute, here! Now normal is deviant or artificially assigned? This person is nuts.

Posted by: rapidtransit on April 11, 2005 03:38 PM

lauraw:

That was good for a chuckle.

Posted by: SWLiP on April 11, 2005 03:40 PM

Stavro99
What an Orwellian experience! The Brave New World of the Left is already here! If we do nothing to stop it we deserve what we get. Goddam it, when I am outraged by the Left, (which is too much of the time) I send emails and post email addresses on blogs so others can write crank-letters too! (Soon it'll be time to start against the UC again.) But it REALLY pisses me off that all conservatives ever seem to do is whine and complain and never DO shit about! The right must ACT!! NOT JUST COMPLAIN!

Posted by: 72VIRGINS on April 11, 2005 03:49 PM

SWLiP, I pepper spray people all the time, for no reason except that I don't like how they look.

Posted by lauraw at April 11, 2005 03:12 PM

You missed me the other day, next time I'll bring my gun.

Posted by: PLUG UGLY on April 11, 2005 04:03 PM

Unisex bathrooms a actually pretty common in much of Europe and nobody thinks twice about it. It felt a little weird the first time I used one, but it didn't take long to realize that it's no big deal. It's not like Europeans are all a bunch of pervs because the sexes share public restrooms.

Wait a minute . . . . they are a bunch of pervs.

Never mind.

Posted by: Michael on April 11, 2005 04:18 PM

molested by an old lesbian

lauraw

Hey Snow White, The next time I see you face in the Transgender Room you're gonna find out just what they taught me in the Rahway State Prison Women's Unit!

Get Ready Girlie, I'm gonna set you free!

Posted by: PLUG UGLY on April 11, 2005 04:20 PM

Unisex bathrooms a actually pretty common in much of Europe and nobody thinks twice about it.
Posted by Michael

THE VIRGINS have not been to Europe in a delicious dog's age! IS this really true?

Posted by: 72(maincal)VIRGINS on April 11, 2005 04:29 PM

no way am I going into the womens restroom. they smell a really stinky one and mentally visualize ME? uh-uh.

Posted by: Dave in Texas on April 11, 2005 04:29 PM

if this "gender-neutral" or "anyone can use any restroom" things catches on, I will be sure to always leave the seat up, piss all over the seat, and leave God-forsaken awful piles of steaming feces in the bowl for the females to have to deal with, just like i do in the men's room

Posted by: johnny on April 11, 2005 04:35 PM

Johnny - I think you'll be safe. Now, I've been in the men's room, but strictly by invitation, and after one too many ... and I have to say, after having a good look around, I really do think you're safe as far as the men's room being invaded by hordes of man-hungry broads.

Posted by: psflanagan on April 11, 2005 04:55 PM

Yes, it's true. Typically there are no urinals, just individual stalls and a common area with sinks where you wash up. You'll find the unisex restrooms usually in smaller establishments where there really isn't enough demand to justify two bathrooms just to have one for men and one for women.

As I mentioned earlier, you get used to it. Of course, I got pepper-sprayed a few times before I learned to be cool around women in the restroom.

Posted by: Michael on April 11, 2005 04:58 PM

Okay as much as I am for allowing transgenders to use the bathroom that conforms with their gender, not their sex (my opinion is that no one would willingly subject themselves to this much hatred/religious right "you're going to hell" posters/problems/discrimination/ unless they REALLY meant it-therefore I believe them when they say they were born the wrong sex) , I HATE putting the toilet seat down. I think it's nasty. If transgendered men promise to put the toilet seat down...come on in...put on your lipstick in front of the mirror, pull up your nylons, and yap about how much your date sucks. I welcome you-and I will hold the pepper spray.

Posted by: Wittysexkitten on April 11, 2005 05:46 PM

I like using women's rest rooms. They usually have those couches, and you can take naps and stuff.

Posted by: BobDolesCock on April 11, 2005 05:51 PM

"my opinion is that no one would willingly subject themselves to this much hatred/religious right "you're going to hell" posters/problems/discrimination/"

Sheesh. Thank you Mrs. Cedarford. Nothing like glittering generalities to drive your point home.

Posted by: BrewFan on April 11, 2005 07:41 PM

Society will still need a separate bathroom.... solely for the use of Michael Jackson.

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