By Philip Klein
Thursday, March 10, 2022
The transgender and gay-rights movements are often
lumped together — including in the very acronym LGBT — so many observers assume
that the transgender cause will follow a similar trajectory. But there’s a
reason why transgender activists won’t experience the level of rapid success
that gay-rights activists enjoyed over the past several decades.
Broad acceptance of gay marriage represented one of the
most extraordinary shifts of public opinion on a major social issue in American
history. In 1996, the Defense of Marriage Act sailed through both chambers of
Congress and was signed into law by Bill Clinton. In 2004, the year eleven
states passed bans on gay marriage in ballot measures, Americans opposed gay
marriage by a two-to-one margin (or 60 percent to 31 percent), according to the Pew Research Center. In 2008, the
same California electorate that voted for Barack Obama by 24 points also passed
a measure banning gay marriage.
Yet by 2014, the year before the Supreme Court decided
gay marriage was a constitutional right, a majority of Americans came to support
gay marriage. By 2019, Americans supported it by 61 percent to 31 percent. In
other words, during a 15-year period in American politics characterized by
bitter partisan divisions, the nation went from two-to-one against gay marriage
to two-to-one in favor.
Many people have operated under the assumption that the
rapid shift in public opinion on gay marriage provides a preview of where the
transgender-rights movement will go. Democrats have jumped on the bandwagon of
referring to “pregnant people” and “people who menstruate” and many Republicans
(up until recently) have been trigger-shy about engaging on the issue. Also,
many of the “collapse of America” pessimists on the right have assumed that
views on gender identity will follow the same path as trends on sexual
orientation.
But there is a key difference between the two
social-change movements. While there are many reasons for the rapid shift in
opinion on gay marriage, one strong component to it was that there was a
libertarian thread at the heart of it. Proponents argued that if two men fell
in love, decided they wanted to spend their life together, and wanted to make
it official, it should be their own business and nobody else’s. Arguments made
by social conservatives about the breakdown of traditional marriage did not
prevail, especially with the younger generation, because people ultimately
concluded that one couple’s same-sex marriage poses no threat to anybody else’s
ability to have a happy heterosexual marriage. The libertarian argument is what
helped win over a lot of small-government Republican and independent voters to
the cause of gay marriage. In 2004, just 19 percent of Republicans supported
gay marriage, according to Gallup, but by 2021, a 55-percent majority
did.
What’s substantially different about the current debate
on the transgender front is that it has moved away from the successful strategy
of gay-marriage proponents. While the public is broadly accepting of the idea
that adults who want to identify as a different gender and undergo hormone
treatment to live out their lives should be given space to do so, transgender
activists are pushing for changes that have direct ramifications for others.
Two men falling in love and getting married may not directly affect anybody
else, but when an athlete who has gone through male puberty starts to dominate
a woman’s sport, it does.
Notably, with the gay-rights debate, when it came to the
issue of whether bakers and photographers should be forced to provide services
for gay weddings, the public was much more divided than on gay marriage, with
Republicans overwhelmingly saying such businesses should be free
to refuse service. Polling indicates that the transgender movement, too, is on
shakier ground when it comes to gaining support for policies that depart from a
“live and let live” attitude.
For instance, in a Gallup poll taken last year, two-thirds of Americans favored
allowing transgender people to openly serve in the military. But the same poll
found that 62 percent believed that transgender men and women should play on
teams that match their own birth gender.
A YouGov poll on a variety of transgender issues found
that a majority of adults said that a person should be able to legally
self-identify as a different gender than their biological sex, but majorities opposed allowing transgender women to
participate in women’s sporting events or for biological males who have not
undergone transition surgery to use women’s changing rooms or bathrooms merely
by identifying as women.
The women’s sports issue is the one most likely to
backfire on the transgender movement as more people witness what it means in
practice. This can be seen dramatically in the case of University of
Pennsylvania swimmer Lia Thomas, who was ranked 462 as a male swimmer but shot
up to No. 1 in the nation after transitioning and being allowed to compete
in the women’s division.
Teammates, who have spoken anonymously due to fear of
repercussions, have complained about the fundamental unfairness of allowing
somebody with inherent biological advantages to compete against women who have
worked hard to get where they are but now have no chance of success. In a
recent interview, one teammate spoke of her “frustration” with the
“insane” policy and the refusal of the school or the NCAA to support cisgender
women. She recounted how teammates were uncomfortable with seeing Lia’s male
genitalia in the locker room but were told by the coach to just “suck it up.”
Notably, the swimmer drew a distinction between the idea
of being open and tolerant of transgender athletes without adopting a policy
that is unfair to others.
“It is not like people are discriminating against Lia and
not allowing her to swim,” the Penn swimmer said. “She identified as a woman
and competed on the men’s team. That was the choice she was making. Then to
compete with the women’s team. That is something that cisgender women are not
choosing. There are categories for a reason. They make sense and ensure
fairness. . . . The NCAA has not said anything, and by not saying anything,
they are discriminating against cisgender women.”
Transgender activists will likely find a receptive public
to the extent that they focus on arguing for more tolerance and compassion. But
if they continue down the current path, they are going to run smack up against
Americans’ understanding of human biology as well as their appreciation for
basic fairness.
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