In my endeavor to comprehend the transgender issue and its implications on society, I have been examining the various laws that safeguard the “right to privacy”. The Fourth Amendment guarantees protection against unreasonable search and seizure, with other Amendments reinforcing this principle.
Part of this right entails the privacy of our unclothed bodies, which traditionally meant that individuals would undress only in the presence of others of the same gender. State laws have long dictated that men use men’s facilities and women use women’s facilities.
This interpretation of the law remained unchallenged until 2018, when the distinction between “gender” and “sex” came into question. Previously considered synonymous, the Courts now differentiate between the two, defining gender as one’s identity and sex as biology. Consequently, biological men can now use women’s facilities based on their gender identity.
This shift in interpretation raises concerns about the potential clash between schools embracing pro-transgender policies and the infringement of rights of others. It appears discordant with societal norms for the Courts to prioritize the rights of transgender individuals over those of other citizens, especially without due consideration.