Legal Commentary

Transgender bathroom rights in New England.

It is one thing for a person born as a man who has been surgically altered to become a woman to be allowed to use the women's bathroom. It is something else entirely to allow a man who has had nothing altered, but simply claims he "identifies" as a woman, to use the women's bathroom.

That is a recipe for embarrassment, fear and even confrontation ? the kind of things most legislators would probably say they want to prevent. The New Hampshire House of Representatives, which passed a similar law recently, may find it has been hasty....

[T[he various definitions of transgender are so amorphous and broad. According to one, it is "a general term applied to a variety of individuals, behaviors, and groups involving tendencies that diverge from the normative role (man or woman) commonly, but not always, assigned at birth, as well as the role traditionally held by society."...

In short, it can mean virtually anything that doesn't fit so-called "normative" gender roles....

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Full post as published by Althouse on April 17, 2009 (boomark / email).