Testing The Transgender Twist

A number of companies and recording artists have stated to the media that they are boycotting North Carolina because of HB2 colloquially known as the Bathroom Bill.  What they seem to object most to is that the Bill states one must use the bathroom that corresponds with the gender listed on a person’s birth certificate.

Very recently, the Federal government sent a letter to school boards directing them, under threat of having certain funding removed, to allow students identifying as transgender to use the restrooms, changing rooms, and locker rooms that is in keeping with their preferred gender regardless of the gender listed on their birth certificate.

Restroom and Locker Rooms_Government LetterIt doesn’t end with just restrooms, changing rooms, and locker rooms.  It extends to sleeping accommodations for overnight field trips and housing accommodations.

Housing and Overnight Accommodations_Government LetterThat may be all well and good among the LGBTQIA community and their supporters and allies, however, this causes other serious problems, some of which impact on crime and the justice system.

You see, just as recently, the media reported on a 15-year-old female student who went into the female restroom facilities followed by 25 (allegedly) male students.  She then had sexual relations with these 25 (allegedly) male students, 16 of whom have been disciplined (with no mention in the news story as to what that discipline was, or why the other 9 were not disciplined).

25 males and 1 female_bathroom sex_2
In its defense, the school’s spokesperson explained the school’s stance to the media.

25 males and 1 female_bathroom sex
What’s confusing about the school’s stance is that the norms and rules aren’t clearly stated, so how are students to know which norms and which rules to adhere to, and which norms and which rules to ignore?

But therein lies a bigger issue with broader legal implications.  You see, a student who is gender fluid has a built-in defense that no lawyer or court can strike down as long as the letter’s directives are followed.   This is because a student who is gender fluid may be one gender or another one minute, and the opposite gender the next … or both genders at the same time, or neither gender at all.

Gender Fluid Flux
Before anyone accuses me of misrepresenting the gender fluid people in the LGBTQIA community, let me point out that Lee Luxion said this was true of those who identify as gender fluid.  Surely someone who identifies as gender fluid themselves as Lee Luxion does would know the ins-and-outs of being gender fluid, and whether they are male at one point, female at another point, both genders at yet another point, and neither gender at some point.

The bathroom bill (as it’s known) wasn’t created to discriminate against those who are transgender.  It was created to prevent predators, perverts, and pedophiles from appropriating the term to take advantage of the opportunity to get closer to targeted victims.

With regards to the 15-year-old female in the female restroom who had relations with 25 (allegedly) male students who followed her into the restroom.  If criminal charges are brought against any of the allegedly male students, any lawyer defending such an allegedly male student will trot out the Gender Fluid Defense.

Precedent may be set that says that if the accused was female upon entering the restroom or changing room or locker room, then became male leading to sexual relations with a female student in the restroom or changing room or locker room, and midway through the act, became neither gender, that such a student cannot be held responsible for something that nobody did.

Think about it.  In a world that has seen lawyers successful use the Asperger’s Defense, this possibility is very real.

Elyse Bruce

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