unless you have genetic testing kits at every bathroom, saying some bathrooms are for xx instead of women is completely unactionable. Are you trying to make a meaningful suggestion or are you doing something else with this xx idea? — flannel jesus
From a small business owner's perspective, the idea of having to have a third bathroom on top of the two required many can barely afford as-is would be a nightmare.
29 CFR 1910.141(c)(1)(i) states:
"Except as otherwise indicated in this paragraph (c)(1)(i), toilet facilities, in toilet rooms separate for each sex, shall be provided in all places of employment in accordance with table J-1 of this section. The number of facilities to be provided for each sex shall be based on the number of employees of that sex for whom the facilities are furnished. Where toilet rooms will be occupied by no more than one person at a time, can be locked from the inside, and contain at least one water closet, separate toilet rooms for each sex need not be provided."
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So basically, if my business or establishment "requires" or has the level of activity that demands or otherwise makes the use of a single-occupancy restroom unfeasible, I would be required to completely overhaul basically the entire fundamental structure of the building, which mind you is already occupied to make maximum use of the space provided (no structure of business or public use just has "free unused space" lying around that can be used because "oh there's nothing going on here", every space of the structure is either currently in use or is already well designated for future use). Imagine the permits, planning, closures for renovations, and the financial costs as well as time. It would change the maximum occupancy of the building in accordance to fire code, which in turn would change basically everything about how the business operates, down to the scheduling, inventory, staff, etc. The pipework, which might require a complete excavation job to allow more water, or something of that nature. All for maybe a percent of the population to use, once for 2 minutes, if they happen to have to pee whilst patronizing my establishment. That's crazy. And often times a technical impossibility, depending on the structure, infrastructure, space, etc.
The fact remains an XY (biological male) is significantly, incredibly, indisputably more likely to have an urge and act on said urge to unwantedly, violently sexually assault (rape) an XX (biological woman) who is vulnerable with her pants down in an enclosed, private area than the other way around. That's indisputable. Anyone who suggests otherwise is either not being serious or is dangerously out of touch with reality to the point they need to be institutionalized for their own safety and that of others.
The idea that having to use a bathroom that isn't "made" for your gender, is some sort of rights violation or identity-crisis-forming scenario is ridiculous. If I have to take a whizz, and go on a tree, or something, I do it because it's what's available. I won't suddenly start having an identity crisis wondering if I'm a fox or a bear and not who I identify as after doing so. Anyone who feels otherwise clearly has something else going on irrespective of gender identity. It's simply not related.
So, for the protection of women, (XY) uses facility A and (XX) uses facility B. There's no prejudice or discrimination involved whatsoever.
Interesting fact: there are more toilets in the United States than there are people. I'm sure there's a pun there but in all seriousness the economic cost alone (not including the feasibility and flat out impossibility to add a third restroom to every two sets of standard restrooms, however many that would be) would be astronomical. Nothing short of mind-boggling.
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In short, it's a discussion. The OP is trying to have a discussion. It's as meaningful as those who participate in it wish it to be.
My take is: I don't believe something as insignificant as the lettering on a placard that designates what room you take a dump in (of all things) amounts to any real, measurable form of discrimination or any sort of realistic identity-crisis-causing factor. If so, the problem clearly lies elsewhere, not in one's gender identity. I just don't see it as realistic or feasible to legislate mandatory third-gender/transgender/"female" identifying XY restrooms for the reasons explained.
Not to make light of the issue, but it is a known fact or "running gag" non-female-identifying males jokingly identify as "women" when "caught" messing around (whether "innocently" as in "just taking a peek" for purposes of non-physical, non-violent sexual gratification or maliciously ie. considering actually performing a violent criminal act) in or near women's restrooms. To me, legally and morally speaking, this is a clear-cut risk for women everywhere. That risk being, there is
no legal distinction, no form of discernment, between a transgender female who honestly identifies as a female who has undergone surgery and everything else, and a standard biological male who got caught and claims "no I just now realized I identify as a female, five minutes ago".
Absolutely none whatsoever. That is a clear and present danger to women. I don't see how any argument contrary to that is even remotely defensible. I'd honestly welcome and challenge anyone to dispute that.