As of today, this minute, this very second that you read this, the discriminatory "bathroom" part of the bill can't be upheld! Here's why North Carolina's HB2 Law is NOT VALID.
In the state of North Carolina there is no statute that requires any individual to give their ID when confronted by police. This means you may (without any punishment) refuse to give your name, ID annnnnd birth certificate to any law enforcement officer there and it's your right to refuse.
The only circumstance that would allow for an officer to be able to take your birth certificate or ID forcefully (whether you like it or not) would be if you are driving a vehicle or reasonably suspicious of committing a crime.
In order to be reasonably suspicious of committing this crime law enforcement officers must believe you are not the "right sex" for the restroom you are in solely by looking at you. This is called profiling. In 2014, attorney general Eric Holder BANNED racial, religious, and gender profiling in the United States for federal officers as a technique to determine "potential guilt". It's called "gender" profiling and not "sex" profiling because sex refers to your sexual organs and/or birth certificate status, gender refers to "the state of being" aka your energy, aesthetics, clothing, voice, hairstyle - the you that is you, you.
'Gender profiling' was banned because it was deemed just as inaccurate as racially profiling citizens for "Hispanic-looking" individuals to look for "illegal immigrants". It's also as inaccurate as religiously profiling "Middle Eastern-looking" individuals at the airport, to assume that they are Muslim and and further assume that they will blow up a plane.
The fact is there is no LEGAL definition of what a persona with "female" on their birth certificate looks like. Or to dumb it down - and I say this with a grain of salt my PC friends - there's no legal definition of what a "woman" looks like. Or a "man". Or a human, really. There's no wrong way to 'look' like one.
Sure there may be a common aesthetic handed out to us by mainstream movies and advertisements that tell us what an "attractive" person of a sex looks like. But that's not reality. Reality is DIVERSITY.
Shucks, but wait, there's got to be a way to tell? Nope... A person with 'female' on their birth certificate may look like:
BREASTS (varying in size and shape) or NO BREASTS (people who have had bilateral mastectomies with choice not to reconstruct such as breast cancer survivors, transgender individuals, and individuals who have experienced certain illnesses.)
LONG HAIR (oh hey there) or SHORT (I know, shocking as it might be this has been a thing where the entire human race has had varying lengths of hair all over the world for different reasons... hold onto your knickers.)
LESS MUSCLE TONE annnnd RIPPED MUSCLE TONE LIKE YOU WOLDNT BELIEVE (it's called being an athlete people!)
NO FACIAL HAIR (silky smooth) annnd FACIAL HAIR (it is not uncommon for any human to have facial hair and many humans who have "female" on their birth certificate may have facial hair from simply body hormones, including full beards, which are glorious. Transgender individuals may also have facial hair if they have begun hormone therapy but have not had their birth certificate status changed.)
AVERAGE AND SHORT. Oh, and also TALL! (I'm 6'2" yo! Studies suggest the human race overall is growing taller every generation - so this little size diversity thing is going to continue to be on the menu.)
CLOTHING. I'm not even going to address this. We both know it's 2016 and a dress is just as appropriate as a pair of baggy jeans and a collared shirt. Same with MAKEUP... uh, it's for all humans, and on top of that many humans don't wear makeup and do just fine.
NO SEXUAL STARES (because only men would prey on women)... SEXUAL STARES (do you know how many ladies have given another lady "the eye" in the restroom? Attraction is real people. I can't say I haven't checked a lady out while I'm in there a time or two).
VAGINA (I'd like to see how you can just see someone's vagina randomly without them pulling their pants down - which an officer cant do legally - but lets pretend they flashed you by accident). They could still be "female" on their birth certificate if they have a PENIS. There are individuals born with "ambiguous genitalia" who may be labeled "female" on their birth certificate. There are individuals who are intersex. There are trans individuals who have undergone "bottom surgery" and may have an amazing eight-incher just hanging about and being pretty - yet their birth certificate has not been changed or they don't intend on changing it and it's attributed to being part of their body.)
Because of this diversity in expression and the fact that there is no legal definition of what a birth certificate stated 'female' looks like (or a male), there can be no "reasonable suspicion" that anyone is male or female on their birth certificate.
Without reasonable suspicion, as it states in the Fourth Amendment on our Constitution (which North Carolina must adhere to since they have no state statute on mandatory relinquishing of your license or ID upon request):
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no Warrants shall issue but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
SO BASICALLY THEY CAN NOT TAKE YOUR BIRTH CERTIFICATES, THEREFORE THEY CAN NOT KICK YOU OUT OF THE RESTROOM OR ARREST YOU. THIS PORTION OF THE BILL IS INVALID.
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