The Bathroom Law Is Self-defeating and Unenforceable

A front page story in the New York Times stunningly reveals why North Carolina's new bathroom law is not just unconstitutional but utterly self-defeating.

The story includes a photo of Rodrigo Heng-Lehtinen, a transgender activist born biologically female but now the son of Representative Ileana Ros-Lehtinen of Miami, the first Hispanic woman ever elected to Congress. Though she and her husband Dexter, a top federal prosecutor, are both Republicans, they have fully accepted their child's gender identity, and Representative Heng-Lehtinen fully supports the new federal ruling that students should be allowed to use whatever bathroom matches the sex they have chosen to adopt.

North Carolina Governor Pat McCrory, however, detests the new federal ruling. He has charged the federal government with "baseless and blatant overreach" for opposing North Carolina's effort to address "major privacy concerns about males entering female facilities and females entering male facilities."

Governor, take a good look at the photo of the Rodrigo Heng-Lehtinen. Stocky and bearded, he looks like a 30-year-old male, which is precisely who he is. But according to your new law, he has to use the women's bathroom. Just how many women do you think would have no "privacy concerns" about sharing a bathroom with him?

The new law is not just self-defeating. It's unenforceable. Can North Carolina really afford to post a police officer outside every public bathroom in the state to check the birth certificates of those who use them? And even if everyone's birth gender could be checked in this way, would the women of North Carolina feel any more comfortable about sharing a bathroom with someone who looks just like a man?

This law makes absolutely no sense and should be repealed at once.