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 email@example.com.
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 firstname.lastname@example.org 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.”)
Better to run than to have your liver squeezed out.
The great white shark—a fast, powerful, 16-foot-long torpedo that’s armed to the teeth with teeth—has little to fear except fear itself. But also: killer whales.
For almost 15 years, Salvador Jorgensen from the Monterey Bay Aquarium has been studying great white sharks off the coast of California. He and his colleagues would lure the predators to their boats using bits of old carpet that they had cut in the shape of a seal. When the sharks approached, the team would shoot them with electronic tags that periodically emit ultrasonic signals. Underwater receivers, moored throughout Californian waters, detected these signals as the sharks swam by, allowing the team to track their whereabouts over time.
It’s much less scientific—and more prone to gratuitous procedures—than you may think.
In the early 2000s Terry Mitchell’s dentist retired. For a while, Mitchell, an electrician in his 50s, stopped seeking dental care altogether. But when one of his wisdom teeth began to ache, he started looking for someone new. An acquaintance recommended John Roger Lund, whose practice was a convenient 10-minute walk from Mitchell’s home, in San Jose, California. Lund’s practice was situated in a one-story building with clay roof tiles that housed several dental offices. The interior was a little dated, but not dingy. The waiting room was small and the decor minimal: some plants and photos, no fish. Lund was a good-looking middle-aged guy with arched eyebrows, round glasses, and graying hair that framed a youthful face. He was charming, chatty, and upbeat. At the time, Mitchell and Lund both owned Chevrolet Chevelles, and they bonded over their mutual love of classic cars.
Three Atlantic staffers discuss “A Knight of the Seven Kingdoms,” the second episode of Season 8.
Every week for the eighth and final season of Game of Thrones, three Atlantic staffers will be discussing new episodes of the HBO drama. Because no screeners were made available to critics in advance this year, we’ll be posting our thoughts in installments.
David Sims: Last week’s episode of Game of Thrones was all about the human stakes of the conflict ahead, and the unlikely alliances and friendships that had been forged over the past seven seasons. “Winterfell” existed to build up serious dramatic tension ahead of the climactic clash with the Night King and his army of the dead. This week’s episode, titled “A Knight of the Seven Kingdoms” and written by series mainstay Bryan Cogman, served the exact same purpose. Set on the eve before battle, it saw almost all of the show’s friendly characters gather at Winterfell to hash out old grievances, pursue long-simmering romances, and generally cast a wistful glance back at all the crazy circumstances that brought them together.
A number of Democratic power brokers wanted Representative Joe Kennedy to run for president. He consulted with family members and said no.
FALL RIVER, Mass.—Four new members of the House were hanging out at a bar back at the end of 2012, after a long day of new-member orientation at Harvard’s Kennedy School: Joe Kennedy of Massachusetts, Beto O’Rourke of Texas, Tulsi Gabbard of Hawaii, and Eric Swalwell of California.
A woman approached the table, and caught O’Rourke’s eye.
“She’s like, ‘Are you who I think you are?’ And I thought, I just won this seat in Texas and she knows about me, and this is cool. I’m big-time,” O’Rourke told me last year, a few months before his Senate run took off. “And I say, ‘Well, yeah, I think I am.’ She’s like, ‘You’ve got to come over to my table. All my friends want to meet you. This is crazy.’ So I go over and we’re taking pictures.”
“James’s performance, I’m sure, is causing grief for an accountant somewhere.”
Ken Jennings rose to fame after an unprecedented run on Jeopardy 15 years ago: Over the course of 74 episodes, he won a total of roughly $2.5 million.
Recently, a contestant named James Holzhauer has been working toward Jennings’s record at an astonishing pace. After the Friday-evening broadcast of the quiz program, Holzhauer had won about $850,000 over just 12 episodes. If he keeps up that rate, he’ll reach $2.5 million in less than half the time it took Jennings to do so.
The students have survived watching their teacher demonstrate how to put a condom on a “wooden penis model.” They’ve been assigned homework to find examples of contraception use in sex scenes in movies or TV shows. But before they go, they have one final lesson, one last barrier method for their teacher to sheepishly explain: the dental dam, a latex sheet used as a barrier during oral sex.
According to a sex-ed curriculum used by school districts in San Diego, Boston, Portland, and elsewhere, their teacher would show them how to remove a dam from its package and place it over genitalia by forming an “O” with their hand. The instructor would inform the students that dental dams are flavored, and that they should only be used once and then thrown away. Most important, the teacher would instruct them to always use dental dams when performing oral sex on women, or they’ll be at risk of transmitting STIs.There’s just one problem: The pupils are unlikely ever to take their teachers up on the suggestion. Even the teachers, preaching about the dangers of STIs, have probably never bought one themselves.
These two very different stories have more in common than meets the eye. In each case, there’s a central tension between the president and aides who refuse to execute orders from him that they believe are illegal or foolish. Mueller’s report is packed with incidents in which White House staff not only didn’t do things Trump said, but never had any intention of doing them. In the case of the border, Immigration and Customs Enforcement staff rebuffed Trump’s plan to bus migrants on legal grounds; meanwhile, Homeland Security Secretary Kirstjen Nielsen and Customs and Border Protection Commissioner Kevin McAleenan refused to turn away migrants seeking asylum, concluding that it was illegal. (Nielsen was sacked soon after, while McAleenan is now her acting replacement.)
Democrats and Republicans echo Trump’s anti-Beijing rhetoric, but escalating tensions could leave Americans far worse off.
News reports suggest that in the coming weeks, the United States and China will sign an agreement that repeals the tariffs the two nations have been levying on each other’s goods for the past nine months. If past behavior is any guide, Donald Trump will call it the greatest deal ever, and global markets will breathe a sigh of relief. But the deal will likely constitute only a modest pause in Washington’s growing hostility toward Beijing.
That’s partly because, for Trump, no agreement is truly final. The president, The New York Times recently observed, “has repeatedly agreed to new trade terms with foreign partners, then talked about undoing those deals to achieve additional goals.” Trump has already begun to renege on commitments made as part of the United States–Mexico–Canada Agreement, which he hailed as “incredible” in October.
A lot of software developers, according to an unprecedented new analysis.
Updated on April 19 at 1:28 p.m. ET.
There has never been a town like the one San Francisco is becoming, a place where a single industry composed almost entirely of rich people thoroughly dominates the local economy. Much of the money that’s been squished out of the rest of the world gets funneled by the internet pipes to this little sliver of land on the Pacific Ocean, jutting out into the glory of the bay. The city now sits atop a geyser of cash created from what the scholar Shoshana Zuboff calls “behavioral surplus”—the natural resource created from your behavior, which is to say your mind.
Gérard Araud says that Trump is right about trade. Kushner is “extremely smart” but has “no guts.” And John Bolton’s not so bad, actually.
Gérard Araud, the charmingly blunt French ambassador to the United States, is famous for two things: the lavish parties he hosts at his Kalorama mansion, and his willingness to say (and tweet) things that other ambassadors might not even think, much less state in public.
Araud ends his nearly five-year tenure in Washington today, and when I spoke with him last week, he was, even by his usual standards, direct to the point of discomfort. He told me his view of the U.S. (“The role of the United States as a policeman of the world, it’s over”) and Donald Trump (“brutal, a bit primitive, but in a sense he’s right” on free trade), and he shared his opinions of John Bolton (he’s a “real professional,” even though “he hates international organizations”) and Jared Kushner (“extremely smart, but he has no guts”).