Readers go back and forth regarding the best ways to address the contentious politics surrounding bathrooms and other areas of transgender rights and identity. To join in, especially if you’re transgender yourself or a conservative critic, please send a note to firstname.lastname@example.org.
I was a longtime subscriber and sometimes contributor to The Dish, so it’s nice to see you up and running again with all this bloggy goodness. Anyway, as this debate (if it really can properly be called one) about restrictions on transgender bathroom use goes on and on, I’ve had a question that I’ve not yet seen addressed.
From what I understand, this [North Carolina] legislation seems to be provoked primarily by the concern that someone with a penis will end up in a women’s bathroom and commit an act of sexual assault, and that they will have gotten the right to use this bathroom on the basis of a real or malingered transgender identity. And, because you can’t convincingly know someone else’s experience, it seems like the legislation being passed is primarily aimed at the issue of someone with a penis being in a women’s bathroom.
Now, as things currently stand, yes, it’s possible that an individual who identifies as a woman will still have male genitalia, and in choosing to use a woman’s restroom will create a situation in which one room is playing host to people with both male and female genitalia. That said, these laws, as currently constructed (i.e. the idea that one must use the bathroom designated by their sex as determined by birth certificate), ensure this will happen for some percentage of people regardless, based on reassignment surgery.
Different states have different rules about whether, how, and in what circumstances sex can be altered on a birth certificate, and I would imagine the states proposing these laws are likely less accommodating on that front. Since people are, in fact, getting reassignment surgery across the country, one can imagine a scenario in which a transgender man who has received surgery and as such has male genitalia, who identifies as a heterosexual man, would be forced to use a women’s bathroom AS A RESULT OF THESE LAWS.
Essentially, these laws, because of the lack of understanding of issues of gender and sexual identity on the part of the people writing them, create exactly the “nightmare scenario” (a sexually interested member of the opposite sex in a bathroom with “our women”) they’re intending to forestall. Does anyone else find that kind of funny, or just me?
The reader makes a good point, showing the incoherence of a lot of these bathroom bills. But reassignment surgery or not, genitalia is rarely seen in public restrooms anyway, primarily due to stalls, so the much more visible—and thus disruptive—factor is hair and clothing. A transgender woman, conventionally dressed as a woman, perhaps in a dress, is a startling sight in a men’s bathroom if the law forces her to use the bathroom of the gender on her birth certificate (male). If that person got hormone and reassignment surgery, providing her breasts and female genitalia, that would still be much less of a visible factor than feminine clothing, hair, and makeup.
Locker rooms, however, are a different story; people in them change clothes in front of other people or take showers nearby, and both activities involve full or partial nudity. Transgender individuals with genitalia different than everyone else in the locker room are far more noticeable than transgender individuals using a bathroom stall. Would the presence of a transgender guy with breasts and female genitalia showering in a guy’s locker room, for example, increase the likelihood of sexual or nonsexual assault? That’s one of the tricky questions that doesn’t seem relevant to the bathroom bills.
Do you have any thoughts along these lines—the differences between bathrooms and locker rooms—or about the transgender debate in general? Drop us a note. By this point there are countless Atlantic pieces to use as a reference point, but Emma’s recent essay, “America’s Profound Gender Anxiety,” has a lot of things to grab on to. One commenter on her piece, a self-described progressive, makes an essential point about the political debate right now:
The T has always rested uneasily with the L and G in GLBT. Gays and lesbians tend to be—whether they realize it or not—pretty gender essentialist. It’s a not well-kept secret in the “movement,” and it's an issue of long standing. The T for transgender as currently being dogmatized by academics is nothing like the T for transvestite, which actually plays ON gender essentialism and evaporates with the New Transgenderism.
The New Yorker’s Michelle Goldberg has a must-read essay about that long-standing tension over gender essentialism, “What Is a Woman? The dispute between radical feminism and transgenderism.” Emma’s reader also makes this meta point: “The problem with epistemic bubbles today is that if people read their opponents, it’s mostly to confirm themselves in their Right-Thinking (TM), instead of actually considering that their own arguments may not be as persuasive as they realized.” So if you’re interested in popping these bubbles, away from the epistemic closure of the comments section and social media, please let us know.
Last week, Vox’s Emmett Rensin wrote a blistering critique called “The Smug Style in American Liberalism.” Whatever you think of the essay’s merits, Vox deserves a lot of respect for running it, since Rensin implicitly casts criticism on the left-leaning explainer site:
Elites, real elites, might recognize one another by their superior knowledge. The smug recognize one another by their mutual knowing.
Knowing, for example, that the Founding Fathers were all secular deists. Knowing that you’re actually, like, 30 times more likely to shoot yourself than an intruder. Knowing that those fools out in Kansas are voting against their own self-interest and that the trouble is Kansas doesn’t know any better. Knowing all the jokes that signal this knowledge.
The studies, about Daily Show viewers and better-sized amygdalae, are knowing. It is the smug style’s first premise: a politics defined by a command of the Correct Facts and signaled by an allegiance to the Correct Culture. A politics that is just the politics of smart people in command of Good Facts. A politics that insists it has no ideology at all, only facts. No moral convictions, only charts, the kind that keep them from “imposing their morals” like the bad guys do.
One of The Atlantic’s most frequent reader contributors, Ben Denny, highly recommends the essay and applies it to a few examples in the political discourse:
I lean pretty right, so I’ve been thinking the general uncharitably of the left for a long time. The essay mentions Jon Stewart as a driving force of the smugness movement, and I think that’s pretty on-point. Before the dominance of The Daily Show, the people I knew on the left who would make a snide, complete-sounding comment devoid of actual content and consider the argument settled were the dumb ones. During and after Stewart’s reign, though? All of them, or nearly so.
With few precious exceptions I can’t find anybody who is interested in political conversation anymore. Most of the kind of people I used to be able to have a friendly argument with are now convinced that anyone not on their side is either stupid, a bigot, or both. Many others can tell that isn’t true but can’t have the argument anyway. After being told that the other side is arguing in hateful bad faith for the majority of their adult lives, they never learned how.
A good example of this smugness in play is the common “If you are for the decent treatment of women, you are a feminist. We have a word for non-feminists: Sexists.” Let’s disregard that feminism is a giant movement with many complex offshoots advocating for any number of things ranging from reasonable to bat-shit crazy. If you don’t sign on with us, 100%, you are either a sexist or just ignorant. Maybe more soundbites will fix it.
Another decent but heavier example of how this forced “Anyone who doesn't agree with us is evil” dialogue works out can be seen in the Houston Equal Rights Ordinance (HERO), which would have let trans-gendered people use whichever restroom they felt comfortable with.
This would have had a positive effect for the folks for whom the law was designed, but the law was also not without potential issues. Any law that allows trans people to use whichever restroom they feel more comfortable with also allows anyone to do so, unless an arbiter of some sort is empowered to declare who is and isn’t genuinely trans. Nobody would dare do this, and as such trans is as trans says it is. Anyone could have used any bathroom, and anyone who wasn’t trans but was called on it would have had avenue to sue. It was a mess waiting to happen.
Proponents of the bill were quick to point out that trans people aren’t known for violence when using the opposite sex's bathrooms, and I agree with them on this. Even if every trans person was a celibate asexual, though, it wouldn’t matter. The danger is not from the law when used correctly, but when a poorly designed law without necessary fail-safes is abused by those it wasn’t designed for.
Proponents will be quick to point out that there’s no record of this happening, either, but laws that would allow them to do so don’t exist yet. Hunting season isn’t open yet, but I think that anybody who trusts the criminal perverts of America to do the right thing on this issue is probably a little more optimistic than reality will back up.
This isn’t to say that there weren’t hateful reasons for fighting the bill, as I’m sure there were, but every concern of any kind related to HERO was dismissed as hatred and ignorance by the act’s proponents. The narrative was quintessential smugness: Our side is 100% right, and your side is 100% hateful bigots whose opinions don’t matter.
I tried, in writing this email, to find any article that acknowledged that “the law can be abused” angle as legitimate, but I was unable to. [CB note: If you are able to, please email.] The narrative was simple: fall in line, or we will call you a bigot. When the people of Houston saw every concern—legitimate or not—hand-waved away, they rejected the bill entirely.
Is it surprising that this bill failed and that other bills are being introduced and passed to preemptively counter this “threat”? I don’t think so. I think a massive amount of Americans have come to the realization that the establishment left doesn’t accept anything but absolute party-line adherence. I think it would have been impossible for them to not notice that debate and discussion aren’t allowed anymore and that the media as a whole isn’t willing to give a fair representation to arguments that run counter to a generally socially progressive agenda, even where legitimate points of debate are to be had. Faced with the reality that they would be considered racist, bigoted homophobes unless they completely abandoned every single element of their beliefs and political convictions, massive amounts of Americans have stopped caring about any media influence’s opinions.
Everyone loses here. I don’t think any reasonable person really believes that either side of our political spectrum can be healthy without push-back from the other side; no powerful group is without its excesses, and without competition to trim them, overreaches can become dangerous. Neither side can be 100% right; we need dialogue and disagreement to refine us.
While I’d like to be glad about the current revert to the right the country is going through, I think Trump is a very good example of why I can’t be. His candidacy doesn’t happen in an idea-market where reasonable debate between people of differing party affiliations is possible, but without change I suspect our future holds more of the same. This is bad for all of us.
Disagree with Denny? Does Rensin’s essay miss the mark? Email email@example.com and we’ll air the strongest counterpoints. Or, if you agree with Rensin and Denny and want to highlight notable examples of the “smug style,” we’ll consider those too. (Personally I think they unfairly single out Jon Stewart, whose self-deprecating style is much less smug than, say, Bill Maher. Update: Rensin clarifies via Twitter: “For what it’s worth, I don’t think Stewart is personally smug, just that he was weaponized by Knowing.”)
If there were a way to watch Netflix’s new series Space Force without any of the dialogue, you might mistake it for a drama from happier times. The show’s score, which pops up intermittently in wafts of softly rousing strings and trumpets, seems to consciously evoke The West Wing; in one episode, it crescendos emphatically while a troupe of astronauts marches out from an aircraft hangar toward a shining gold horizon. The directors include significant names from the film world: Dee Rees (Mudbound) and Paul King (Paddington). Space Force’s set alone, which replicates a boondoggle of a U.S. military base in Colorado, is so sprawling and detailed and shiny that it feels like it should belong to a James Cameron movie, not a Greg Daniels workplace comedy. At a time when entertainment has adjusted to lo-fi spectacle—the Zoom sketch-comedy show, the TikTok satire, the art of performative bookshelving—the obvious expense of Space Force almost feels unseemly, even without the reported $10 million Steve Carell was paid to star in it.
Elon Musk’s aerospace company just launched two NASA astronauts into space for the first time.
For nearly a decade, if Americans wanted to leave the planet, they had to do so from a launchpad in Kazakhstan. Now they need only go as far as Florida.
Two astronauts launched into space this afternoon, departing from the sandy shores of Cape Canaveral, from the same launchpad where the space shuttles and Apollo missions once took off. The astronauts work for NASA, but for the first time in spaceflight history, they’re flying on a truly private spacecraft, designed from top to bottom by SpaceX, Elon Musk’s aerospace company.
Doug Hurley and Bob Behnken made the journey wearing SpaceX suits, inside a SpaceX capsule, atop a SpaceX rocket, from a SpaceX-operated launchpad.
The astronauts are bound for the International Space Station, humankind’s only off-world residence, where one American astronaut and two Russian cosmonauts are waiting for them. The successful launch makes SpaceX the first private company to put astronauts in orbit, a feat achieved by only three spacefaring nations: Russia, the United States, and China.
The president is exposing problems in America that most did not want to see.
You’d think Donald Trump would have more sympathy for looters, being a looter himself. The president has helped himself to money from the U.S. Treasury, using political power to direct public money to his personal businesses. It’s not as visual as a riot, but until 2017 it would have been regarded as equally criminal.
But no, he seems to think they deserve the death penalty: “These THUGS are dishonoring the memory of George Floyd, and I won’t let that happen,” he said on Twitter about the protesters in Minneapolis. “Just spoke to Governor Tim Walz and told him that the Military is with him all the way. Any difficulty and we will assume control but, when the looting starts, the shooting starts.”
The president is supposed to protect and defend the nation’s supreme laws. Shooting looters is unconstitutional.
Overnight, protests of the egregious police killing of George Floyd roiled several American cities, including Minneapolis, where riots and looting frightened locals and destroyed livelihoods.
A prudent president would have urged calm.
On Twitter, President Donald Trump instead aggressively insulted elected officials in Minneapolis. “A total lack of leadership,” he wrote. “Either the very weak Radical Left Mayor, Jacob Frey, get his act together and bring the City under control, or I will send in the National Guard & get the job done right.”
Then Trump threatened to unleash American carnage on looters. “These THUGS are dishonoring the memory of George Floyd, and I won’t let that happen,” he declared in a second tweet. “Just spoke to Governor Tim Walz and told him that the Military is with him all the way. Any difficulty and we will assume control but, when the looting starts, the shooting starts.”
We will need a comprehensive strategy to reduce the sort of interactions that can lead to more infections.
Updated at 12:08 a.m. ET on May 26, 2020.
COVID-19 has mounted a sustained attack on public life, especially indoor life. Many of the largest super-spreader events took place inside—at a church in South Korea, an auditorium in France, a conference in Massachusetts. The danger of the indoors is more than anecdotal. A Hong Kong paper awaiting peer review found that of 7,324 documented cases in China, only one outbreak occurred outside—during a conversation among several men in a small village. The risk of infection indoors is almost 19 times higher than in open-air environments, according to another study from researchers in Japan.
Appropriately, just about every public indoor space in America has been shut down or, in the case of essential businesses such as grocers, adapted for social-distancing restrictions. These closures have been economically ruinous, transforming large swaths of urban and suburban life into a morbid line of darkened windows.
American conspiracy theories are entering a dangerous new phase.
If you were an adherent, no one would be able to tell. You would look like any other American. You could be a mother, picking leftovers off your toddler’s plate. You could be the young man in headphones across the street. You could be a bookkeeper, a dentist, a grandmother icing cupcakes in her kitchen. You may well have an affiliation with an evangelical church. But you are hard to identify just from the way you look—which is good, because someday soon dark forces may try to track you down. You understand this sounds crazy, but you don’t care. You know that a small group of manipulators, operating in the shadows, pull the planet’s strings. You know that they are powerful enough to abuse children without fear of retribution. You know that the mainstream media are their handmaidens, in partnership with Hillary Clinton and the secretive denizens of the deep state. You know that only Donald Trump stands between you and a damned and ravaged world.
Two hundred fifty years of slavery. Ninety years of Jim Crow. Sixty years of separate but equal. Thirty-five years of racist housing policy. Until we reckon with our compounding moral debts, America will never be whole.
Clyde Ross was born in 1923, the seventh of 13 children, near Clarksdale, Mississippi, the home of the blues. Ross’s parents owned and farmed a 40-acre tract of land, flush with cows, hogs, and mules. Ross’s mother would drive to Clarksdale to do her shopping in a horse and buggy, in which she invested all the pride one might place in a Cadillac. The family owned another horse, with a red coat, which they gave to Clyde. The Ross family wanted for little, save that which all black families in the Deep South then desperately desired—the protection of the law.
In the 1920s, Jim Crow Mississippi was, in all facets of society, a kleptocracy. The majority of the people in the state were perpetually robbed of the vote—a hijacking engineered through the trickery of the poll tax and the muscle of the lynch mob. Between 1882 and 1968, more black people were lynched in Mississippi than in any other state.
The pandemic has exposed the bitter terms of our racial contract, which deems certain lives of greater value than others.
Six weeks ago, Ahmaud Arbery went out and never came home. Gregory and Travis McMichael, who saw Arbery running through their neighborhood just outside of Brunswick, Georgia, and who told authorities they thought he was a burglary suspect, armed themselves, pursued Arbery, and then shot him dead.
Quarantine reminded us that we could work out anywhere. But “anywhere” is not a place we go to do important things.
Editor’s Note: This article is part of “Uncharted,” a series about the world we’re leaving behind, and the one being remade by the pandemic.
It’s Day One of the reopened future, and as people have always done when it’s time for a new start, you head to the gym. Well, hold on. We should begin before Day One, because you’ll actually have booked this time slot the week before. It’s good for 90 minutes. Don’t be late.
You grab a door handle wrapped in germ-repelling vinyl and walk inside. A Bluetooth-enabled beacon at the front desk recognizes your phone and checks you in. The receptionist takes your temperature and hands you a towel, plus a colored wristband that’ll help the staff remind you when it’s time to go. Hopefully you brought some water with you, because touchless bottle fillers have replaced the drinking fountains.
It has taken a good deal longer than it should have, but Americans have now seen the con man behind the curtain.
When, in January 2016, I wrote that despite being a lifelong Republican who worked in the previous three GOP administrations, I would never vote for Donald Trump, even though his administration would align much more with my policy views than a Hillary Clinton presidency would, a lot of my Republican friends were befuddled. How could I not vote for a person who checked far more of my policy boxes than his opponent?
What I explained then, and what I have said many times since, is that Trump is fundamentally unfit—intellectually, morally, temperamentally, and psychologically—for office. For me, that is the paramount consideration in electing a president, in part because at some point it’s reasonable to expect that a president will face an unexpected crisis—and at that point, the president’s judgment and discernment, his character and leadership ability, will really matter.