This Bill Awards $2,500 to Anyone Who Catches a Transgender Person in the Bathroom
by Tim Murphy
In the latest chapter of “What’s the Matter with Kansas?,” bills in both the house and senate have been introduced, ThinkProgress reports, that not only would ban transgender public school and college students from using the bathroom of their gender identities — but would also award $2,5000 to anyone who sees a transgender person in the “wrong” bathroom.
Commentary
I think out of all of the things I’ve read on this topic, this article upsets me the most. It’s one thing for arrogant, bigoted politicians to use their power to pass these stupid laws, but to put in place provisions of the law that effectively encourage citizens to turn on each other, that isn’t at all okay. I kind of touched on the issue of a self-policing society in my previous post, but this post will go more in-depth.
Offering rewards to average citizens for turning in their fellow citizens opens the door for potential abuse of the “public power” (D&P 81). If there is a substantial monetary reward for correctly identifying a transgender person who is using the “wrong” restroom, then opportunistic people or people who are on board with transgender discrimination will certainly want to take advantage of the situation. They will see every trip into the restroom as a chance to earn a reward. No longer will people be going into the restroom to take care of their private business, but those looking to make a buck will be scrutinizing everyone who enters the restroom in an effort to detect an “intruder.” In their minds, “no crime committed must escape the gaze of those whose task it is to dispense justice” (D&P 96). We could liken this whole issue to the neighborhood watch system, where we ask our neighbors to keep an eye out for people who don’t belong, who are up to no good. The difference is, of course, that the transgender person does belong and they aren’t doing anything wrong. They just want to take care of business, like the rest of us who use public facilities.
The government in these states is using these incentives to convince its citizens that “the criminal designated as the enemy of all, whom it is in the best interest of all to track down, falls outside the pact, disqualifies himself as a citizen and emerges…as a villain, a monster, a madman, perhaps, a sick…’abnormal’ individual” (D&P 101). These transgender people are “freaks” who are a danger to women and children; they are “incorrigibles” and “one must be determined to eliminate them” (D&P 107). For a certain segment of society, the percentage that is easily swayed, it would not take much to convince them that what they are being asked to do is a necessary and important task, that the right to punish “belongs to society as a whole” (D&P 130).
In Discipline & Punish, Foucault discusses the situation in schools where the teacher—or authority figure—leaves the room but appoints an “observer” to serve as monitor in the teacher’s absence (D&P 176). This monitor watches and then reports back to the teacher. The motive is that there is likely some kind of reward for the observer. Like these school-age tattle-tales, the citizen monitor employs a “calculated gaze” (D&P 177) in order to discern if something is amiss, so that they can report their findings and receive a reward.
The aforementioned social codes dictate how one is to judge others whose gender might be in question. Anything “which does not measure up to the rule, that departs from it” (D&P 178) will be offered up for legal judgment and possible punishment. If the goal of society is to pressure everyone to recognize normalization, then surveilling to detect absence of normalization becomes an “instrument of power” (D&P 184) that any average citizen can wield against another citizen. We could label this the “normalizing gaze, a surveillance that makes it possible to qualify, to classify and to punish” because “it establishes over individuals a visibility through which one differentiates them and judges them” (D&P 184).
For the transgender person, it is “the fact of being constantly seen, of being able to always be seen, that maintains the disciplined individual in his subjection” (D&P 187). In other words, there are many people who would like to live authentic lives as transgender people, but the fear of being detected, judged, and discriminated against keeps them from doing so. Walking into a public restroom knowing they may be detected because they don’t “pass” is a stressful situation, I’m sure. And why would they want to be open to the possibility of public scrutiny, especially if it’s for profit, because that’s what these monetary rewards are, profit. The transgender person or the perceived transgender becomes, in effect, an object, a thing to be examined. This “examination” becomes the “ceremony of this objectification” (D&P 187).
Foucault discusses the idea of “uninterrupted writing” (D&P 191) pertaining to establishing one’s individuality. I think the idea of “uninterrupted writing” could apply to a transgender person because those who are effectively living out each day as their identified gender could be considered to be exhibiting uninterrupted writing. We are all performing our gender every day of our lives, essentially writing our identity, and we are usually allowed to go about our business creating that identity. But when laws like these crop up, the identity writing for a transgender person is interrupted. They cannot flow through their days with confidence and ease. They must now be on alert and focused on correctly writing their identity for fear of being discovered and punished. In Foucault’s words, “Visibility is a trap,” one I’m sure they fear falling into (D&P 201).
The laws and the politicians who are championing them strive to make transgender citizens out to be “monsters…who have fallen outside the social pact” and as such should be feared (D&P 256). The watchful eyes of those who hope to profit from the law will be observing and waiting to “note the slightest irregularity in [one’s] conduct” in order to make the determination of criminal activity (D&P 299).
I have a hard time believing that we are in the 21st century with all of our advancements in technology and in social arenas, yet laws like this are allowed to be enacted. And not only that, but the language of some of these laws includes encouraging ordinary citizens to turn on each other for the sake of money. It blows my mind that we have come to this. The whole issue seems archaic. This is not any kind of social progress; it is regressive. And harmful. We should be protecting each other, regardless of our gender, sexuality, etc. Allowing our government to use us and pit us against each other in a situation where the decent human response would be to help one another is surely a sign of our social demise…
Offering rewards to average citizens for turning in their fellow citizens opens the door for potential abuse of the “public power” (D&P 81). If there is a substantial monetary reward for correctly identifying a transgender person who is using the “wrong” restroom, then opportunistic people or people who are on board with transgender discrimination will certainly want to take advantage of the situation. They will see every trip into the restroom as a chance to earn a reward. No longer will people be going into the restroom to take care of their private business, but those looking to make a buck will be scrutinizing everyone who enters the restroom in an effort to detect an “intruder.” In their minds, “no crime committed must escape the gaze of those whose task it is to dispense justice” (D&P 96). We could liken this whole issue to the neighborhood watch system, where we ask our neighbors to keep an eye out for people who don’t belong, who are up to no good. The difference is, of course, that the transgender person does belong and they aren’t doing anything wrong. They just want to take care of business, like the rest of us who use public facilities.
The government in these states is using these incentives to convince its citizens that “the criminal designated as the enemy of all, whom it is in the best interest of all to track down, falls outside the pact, disqualifies himself as a citizen and emerges…as a villain, a monster, a madman, perhaps, a sick…’abnormal’ individual” (D&P 101). These transgender people are “freaks” who are a danger to women and children; they are “incorrigibles” and “one must be determined to eliminate them” (D&P 107). For a certain segment of society, the percentage that is easily swayed, it would not take much to convince them that what they are being asked to do is a necessary and important task, that the right to punish “belongs to society as a whole” (D&P 130).
In Discipline & Punish, Foucault discusses the situation in schools where the teacher—or authority figure—leaves the room but appoints an “observer” to serve as monitor in the teacher’s absence (D&P 176). This monitor watches and then reports back to the teacher. The motive is that there is likely some kind of reward for the observer. Like these school-age tattle-tales, the citizen monitor employs a “calculated gaze” (D&P 177) in order to discern if something is amiss, so that they can report their findings and receive a reward.
The aforementioned social codes dictate how one is to judge others whose gender might be in question. Anything “which does not measure up to the rule, that departs from it” (D&P 178) will be offered up for legal judgment and possible punishment. If the goal of society is to pressure everyone to recognize normalization, then surveilling to detect absence of normalization becomes an “instrument of power” (D&P 184) that any average citizen can wield against another citizen. We could label this the “normalizing gaze, a surveillance that makes it possible to qualify, to classify and to punish” because “it establishes over individuals a visibility through which one differentiates them and judges them” (D&P 184).
For the transgender person, it is “the fact of being constantly seen, of being able to always be seen, that maintains the disciplined individual in his subjection” (D&P 187). In other words, there are many people who would like to live authentic lives as transgender people, but the fear of being detected, judged, and discriminated against keeps them from doing so. Walking into a public restroom knowing they may be detected because they don’t “pass” is a stressful situation, I’m sure. And why would they want to be open to the possibility of public scrutiny, especially if it’s for profit, because that’s what these monetary rewards are, profit. The transgender person or the perceived transgender becomes, in effect, an object, a thing to be examined. This “examination” becomes the “ceremony of this objectification” (D&P 187).
Foucault discusses the idea of “uninterrupted writing” (D&P 191) pertaining to establishing one’s individuality. I think the idea of “uninterrupted writing” could apply to a transgender person because those who are effectively living out each day as their identified gender could be considered to be exhibiting uninterrupted writing. We are all performing our gender every day of our lives, essentially writing our identity, and we are usually allowed to go about our business creating that identity. But when laws like these crop up, the identity writing for a transgender person is interrupted. They cannot flow through their days with confidence and ease. They must now be on alert and focused on correctly writing their identity for fear of being discovered and punished. In Foucault’s words, “Visibility is a trap,” one I’m sure they fear falling into (D&P 201).
The laws and the politicians who are championing them strive to make transgender citizens out to be “monsters…who have fallen outside the social pact” and as such should be feared (D&P 256). The watchful eyes of those who hope to profit from the law will be observing and waiting to “note the slightest irregularity in [one’s] conduct” in order to make the determination of criminal activity (D&P 299).
I have a hard time believing that we are in the 21st century with all of our advancements in technology and in social arenas, yet laws like this are allowed to be enacted. And not only that, but the language of some of these laws includes encouraging ordinary citizens to turn on each other for the sake of money. It blows my mind that we have come to this. The whole issue seems archaic. This is not any kind of social progress; it is regressive. And harmful. We should be protecting each other, regardless of our gender, sexuality, etc. Allowing our government to use us and pit us against each other in a situation where the decent human response would be to help one another is surely a sign of our social demise…
Additional Links
N.C. Gov. Can’t Even Enforce Anti-Trans ‘Bathroom Law’ In His Own Building
http://www.huffingtonpost.com/entry/north-carolina-hb2-trans-bathroom-use-law_us_571e929ce4b0b49df6a8c03c?
Psychology Professionals Seek Repeal of North Carolina Law
http://www.lgbtqnation.com/2016/04/psychology-professionals-seek-repeal-of-north-carolina-law/
Calls to Suicide Hotline Spike in Wake of North Carolina 'Bathroom Bill'
http://www.thenewcivilrightsmovement.com/benjaminphillips/suicide_threat_worsens_in_wake_of_north_carolina_bathroom_bill_debacle
Trae Crowder: The Liberal Redneck Got Some Thoughts on This Transgender Bathroom Mess!!
https://www.facebook.com/tncrowder21/videos/10100695098160038/
Viral Video of Lesbian Kicked Out of Women’s Room for Not Showing I.D. Exposes Dangers of Bathroom Policing
http://www.towleroad.com/2016/04/police-force-lesbian-to-leave-bathroom-for-failing-to-show-id-prove-shes-a-woman-watch/
This Woman Shows ‘Bathroom Safety’ Isn’t Only a Trans Concern
http://www.takepart.com/article/2016/05/02/woman-shows-bathroom-safety-isnt-only-trans-concern
Dan Savage Annihilates Ann Coulter's Anti-Transgender Bathroom 'Bullsh*t':
Entire Right-Wing Anti-Trans Talking Points Destroyed in Minutes
http://www.thenewcivilrightsmovement.com/davidbadash/watch_dan_savage_annihilate_ann_coulter_s_anti_transgender_fear_mongering
This Lawmaker Thought He Was in the Presence of a Transgender Woman. So He ‘Threatened to Wave His Penis’ at Her.
http://www.lgbtqnation.com/2016/03/this-lawmaker-thought-he-was-in-the-presence-of-a-transgender-woman-so-he-threatened-to-wave-his-penis-at-her/
Oregon outlines sweeping protections for transgender students
http://www.theguardian.com/us-news/2016/may/06/oregon-transgender-students-protection-guidelines
Using a Target bathroom got really uncomfortable really fast
http://www.sheknows.com/living/articles/1120615/target-bathroom