North Carolina Bathroom Law- Theocratic, Not Constitutional

Zack Boyden


It’s a frequent joke among the left-leaning that for all that the Republicans tout small government and less restrictions, on the social side of things they are frequently very authoritarian and very much in favor of more laws. Of course, they’re frequently right.

The North Carolina bathroom law is yet another example of a time wherein there was no government regulation, and thanks to Republicans, there may soon be some regulations. According to the proposal, you may only use the bathroom of the gender on your birth certificate.

The difficulty with the law is that it is clearly meant as a way to discriminate against transgender persons and is written in a way to make it bulletproof. It only applies to public restrooms (as if the distinction isn’t symbolic), and it doesn’t apply to persons who have had a sex change and have changed it on their birth certificate (as if one is required to have a sex change in order to be transgender.)

It’s important to identify two things about this bill–the first is that it is being pushed by one faction that is fairly out of touch with classical conservatism as a whole–the Evangelical crowd. They are less concerned with holding up a conservative ideology than they are with putting the Bible ahead of the Constitution.

The second is that this is an example of written law attempting to supersede inherent custom–bathrooms were already self-regulated by the person at hand, and now this regulation is an obstacle to that.

Conservatives should proceed in traditional fashion—by striking down a law that attempts to solve a non-existent problem, and continuing to allow citizens to govern themselves.


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