Theory of Law: Bathroom Bills
Briefly

Bathroom bills aim to restrict access to public restrooms based on gender identity, often defining eligibility by assigned sex at birth. These legislative efforts signal an extension of the culture war against transgender people. The emergence of these bills follows the political right's loss in the same-sex marriage debate, targeting transgender individuals for new political gains. Opinions about bathroom bills frequently stem from emotion rather than legal theory, indicating a gap in understanding of the legal implications of such legislation. A principled legal assessment framework prioritizes rights and limits governmental authority to prevent harm.
Bathroom bills restrict access to public bathrooms based on gender identity, usually defining eligibility through assigned sex at birth or gender identity, and are part of the culture war against transgender people.
The push for bathroom bills stems from the political right's perceived need to find new targets for attack after losing the same-sex marriage culture war, with transgender individuals being chosen as victims.
Most people form opinions on bathroom bills based on feelings rather than legal theory, a reflection of the general public's lack of a theoretical framework regarding law.
A principled approach to law assessment is critical; laws should only infringe upon rights minimally, based on the principle of harm and serving the good of the people.
Read at A Philosopher's Blog
[
|
]