Des-Bal wrote:Neutraligon wrote:As compared to one who does pass, I believe so. Unfortunately not passing in general means you are in a heightened risk of assault, but I believe that not passing and using the woman's restroom is indeed at a much higher risk (no I do not have statistics on this). And yes passing is rather arbitrary, which is the problem with basing it on gender presentation.
So why the actual fuck should we base it on gender identity? The safety issues we are trying to avoid are not being avoided, they're just being shifted. The issue is that if we do the NC thing then trans people who pass are at heightened risk but as you just pointed out if we go by gender identity then the people who don't pass are at risk. Unless you have a good reason why the one's who don't pass deserve to be hurt more than the one's who do I don't see why one's better than the other.
I do not think it should be based on gender identity at all. Mental health reasons I believe is the reason used. My personal opinion is that if it is based on gender presentation, assault is at least less likely to occur. Of course this is something that then reinforces gender stereotypes and the such,something I am most definitely not for. Here's the thing, if it is done based on presentation then the ones who do pass have a smaller risk, and the ones who do not pass also have a slightly smaller risk (because people tend not to pay attention to people who at least somewhat look the part, even if they are highly masculine, after all there are some highly masculine looking females). If we do it on identity alone then the ones who do pass have a smaller risk but the ones who do not pass or do not even attempt to pass (ie those who have yet to change how they look ) are at a higher risk should the end up using the restroom of their identity. If we base it on sex then those who pass are at increased risk.
In my opinion there is no good choice except unisex restrooms. The only other option that is not bad is based on presentation. As to how this would be enforced, it would be enforced the same way it was before the law was passed, that is if a person in the restroom felt the "wrong" person was there they would call the police (which is almost never going to happen).