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Trans bathroom bans are morally dangerous

Rachel Saunders
4 min readNov 29, 2024

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Photo by Tim Mossholder: https://www.pexels.com/photo/male-and-female-signage-on-wall-1722196/

Banning trans people from bathrooms is both politically dangerous and philosophically foolish. In regions where bathroom bans have been introduced far more cisgender people have been impacted and the rules have been practically unenforceable because unless you have genital inspectors you are relying on prejudice and fear to enforce. Cisgender gender non-conforming people have been hauled out of women’s restrooms because someone took offence at their presence, causing immense harm to that person’s well-being, all in the name of catching those pesky transes out. Bathroom bans are not about trans folk, they are about policing women’s gender expression and conformity to a narrow understanding of what a woman ought to be. If this were not the case then you would see just as strict policing of men’s toilets.

Philosophically it is dangerous for the following reasons. Firstly, unless you want to police identity similar to the Taliban or Iran you are relying on citizens reporting Stasi-like trans people to a hotline. This opens the toilet policing to malicious calls, mistaken identity, and bad faith actors hunting trans folk for whatever bounty is offered. You run into the snake problem, whereby you offer a bounty on snakes and suddenly every person and their dog is hunting snakes till they become extinct, at which point they start importing snakes from overseas just to get the bounty. Where there is a malicious will there will always be a malicious way to enforce ill-thought out laws. Trans hunting harms everyone, as any woman deemed trans will be excoriated as such.

Second, what is in your pants is your business. Unless States set up a genital inspector at every restroom no-one else should be demanding to see your junk. It is perverse that those societies that ban trans people using the restroom are also societies that both see increases in the use of trans porn and heavily police sexual relations. Puritanical policing of identity is not the sign of a strong polity, it is a sign of fear and weakness, a desire to cling onto the past. Women have historically been treated as inferior and weaker to men, and the gender critical panic over trans women in restrooms draws upon this deep well of misogyny. Trans women do not transition to commit sexual abuse, they do not need to become women to walk into a restroom and commit sexual assault…

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Rachel Saunders
Rachel Saunders

Written by Rachel Saunders

Writer, researcher, and generally curious

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