okay so someone tell me why this won’t work
transgender people should get to use the correct bathroom and not be misgendered, and it is an issue of basic rights. and trans people are not going into bathrooms to commit sex crimes, that whole idea is absurd
but the conflict is not relevant to most people in the country and they view it as either a distraction, or just more culture war or at worst an attempt to sexually threaten precious and vulnerable women. pushing on the issue almost unavoidably creates disproportionate blowback because to the majority of people, the issue is being given a disproportionate focus and that means it must be nefarious
so why haven’t we, instead of saying “we keep pushing in exactly the same way, casting it as an issue where everyone who opposes us is ideologically befouled and deserving of punishment, thus getting disproportionate blowback and alienating people who we should not be alienating because that leads to a loss of our political power”, and instead of saying “we get so much blowback from how we present this issue as one where people must bend the knee to us or be cast out of respectable society, so we should give up on trying to secure rights for trans people as it’s not convenient for us to do so any more”
why don’t we make the law “people are allowed to use the bathroom of their gender identity, but if someone is convicted of sexual assault in a bathroom that they entered by pretending to be a different gender, their sentence is more severe”?
like from our point of view, we’re not losing anything. we know trans people are far less likely than baseline to commit sex crimes and bathroom access is not about enabling sex crimes. but for the people who don’t already agree with us, it looks like we’re both taking measures to deter the thing they don’t want to happen, and putting our money where our mouth is, instead of telling them “this is how things are you are not allowed to notice otherwise now bow to our worldview”. by making it a sentencing rider, we don’t increase the ability of transphobes to frame trans people for sex crimes – if we are afraid this law would encourage them to do so we should be exactly as afraid of them doing so without this law.
like if your position is “we should allow X because it is just, and will not allow Bad Thing Y at all” and your opposition says “we should not allow X because it will just promote Bad Thing Y”, it seems to me that “How about we allow X, but punish Bad Thing Y more harshly if it gets promoted by X, so people don’t do it?” is pretty much the easiest compromise ever.
so why won’t that work?