When You Don’t Think

Ken AshfordLocal Interest, Sex/Morality/Family Values, Women's IssuesLeave a Comment

The backlash and fallout against North Carolina’s HB2 law continues, and what is getting a lot of attention are pictures and tweets from transgender people like Michael Hughes, a 45-year-old trans man in Rochester, Minn.

Take a look at this picture:

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That’s Michael Hughes and two of his female friends in a womens’ bathroom.  Under the new law passed by the GOP-controlled North Carolina legislature and Republican Governor, Michael Hughes — who WANTS to use the male restroom — MUST use the female restroom, because he was born female biologically.

I wonder how that makes the wives and daughters of the North Carolina legislators feel.  But that’s what the new law forces him to do.

Again, the legislature was trying to supposedly protect women from transgender men going into women’s restrooms and sexually assaulting women — a solution to a problem WHICH IS NOT HAPPENING.  Don’t get me wrong — sexual assaults ARE a serious problem, but there is not a problem of men pretending to be women and using public facilities to launch their assault.  As I’ve written before, it hasn’t happened in other states which are accommodating to transgender issues. Not even a little bit.

Let me talk about what else happens when you don’t think things through.  The Mike Smerconish program is killing it this morning; the topic is the North Carolina law which everyone is upset about. Some Chapel Hill attorney called in and pointed out something about the new law which I hadn’t heard before. I checked it out and she’s right. Aside from the awful bathroom access thing, the new law makes it impossible to sue your employer in state court for wrongful discharge based on ANY discrimination.

In other words, prior to the new law, if your employer fired you because you were handicapped, or a certain race, or a certain religion, or a certain gender (and so on), you could sue in state court. Not anymore.

It’s true that you can still bring these wrongful discharge cases in federal court BUT there is a shorter statute of limitations, it takes longer, more hoops to jump through, is more expensive, etc. Sometimes a wrongful discharge case in state court is the only possibility a person has. Uh…. HAD.

The odd thing is this: this aspect of the new law might have been completely unintentional. The NC legislature might not have known they were actually doing this — something that happens when you throw together a new law quickly in the dark of night. Or maybe they really are dicks.