California Ballot Measure Would Criminalize Transgender Citizens for Using Appropriate Toilet

How do we know the last remaining anti-LGBT crusaders have completely lost their shpadoinkle? The most recent debate has literally involved refusing to bake cakes for gay weddings. This is where we are in the slow gurgling death rattle of anti-gay bigotry in the United States. Cakes. That said, a proposed ballot measure in California might top it.

It turns out government-run bathrooms are now a battleground.

A group calling itself the “Privacy For All” coalition has begun the process of getting an initiative added to the California ballot that, if passed, would ban transgender citizens from using government bathrooms appropriate to their gender identity. In other words, Privacy For All is worried about genetically male persons who identify as women to use women’s restrooms. Likewise, they don’t want genetically female persons who identify as men to use men’s restrooms.

The Personal Privacy Protection Act, as they’re calling it, reads: “a person shall use facilities in accordance with their biological sex in all government buildings.”

The initiative defines “biological sex” like so:

[T]he biological condition of being male or female as determined at or near the time of birth or through medical examination.

And what happens when a woman who was born a man uses a women’s restroom? Simple: any of the other women in the room could file a suit against the transgender person.

Such claim includes equitable relief and damages up to a maximum of three times the amount of actual damage but in no case less than $4,000, and attorney’s fees that may be determined by a court.

What this would basically do is to create a subculture of toilet police — money-grubbing bathroom patrols who would scout out restrooms waiting for transgender victims to wander in. While the PPPA is not-so-subtly aimed at schools, painting transgender children as perverts, it would impact state parks and other state-run facilities. So, if you’re light on cash and have some free time, hang out in a public restroom and wait. You, too, could win a judgment of not less than $4,000.

I assume these Privacy For All people, who, by the way, seem creepily obsessed with toilets, believe that — I don’t know — guys will pretend to be transgender in order to perv out in public restrooms? Either that or they don’t really believe transgender citizens legitimately identify as their gender and therefore are basically the same as the impostors? One way or another, this is just another thinly veiled attempt to reduce LGBT citizens to second class status without the same protections and civil rights as everyone else. It’s clearly about intimidation.

Bob Cesca is the host of the Bob Cesca Show podcast, a twice weekly political talk show. He’s also a contributor to Follow him on Twitter and on Facebook.