Why the Smartest Argument for the Bathroom Bill Isn't Smart at All

One of my jobs as an ethics professor is to figure out what the best case might be on each side of any contentious issue. And so I find myself earnestly trying to understand what drives the proponents of Senate Bill 3, the bathroom bill. What's the very smartest thing they can say in support of it?Take the proponents' explicit motivation, to stop would-be sexual predators from taking advantage of transgender women being in the women's room. The idea is that cis (non-trans) male opportunists could dress like women and get away with their incursions because trans women can be seen in women's rooms.This can't be the smartest argument for SB 3, because it isn't smart at all. Imagine that trans men started using the women's room, as SB 3 requires. There would be people in the women's room who look just like men — sporting beards, even. Now cis male predators wouldn't even have to put on a dress before making their incursions into women's rooms.  Continue reading...

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