Transgender people, especially transgender athletes are now among the favored targets of the right. Pretending to be concerned about fairness for women, Republican lawmakers have been busy passing laws banning transgender athletes from competition.
On the face of it, these laws seem aimed at saying to the Republican base “we hate and fear transgender people as much as we think you do so keep voting for us.” Obviously, proponents of these laws do not make this claim; they pretend they are very concerned about women and girls being treated fairly.
Republicans profess to be the party of small government, but these laws expand the involvement of the state and as could have agents of the state looking at genitals. This is the same party that raged against mask mandates as too invasive. But, as they have established, the Republican party has no respect for ethics, consistency or logic.
Like Republicans, I profess a belief in minimal government but differ in being consistent. I have argued in other essays that the state should limit its use of law to cases in which a harm needs to be addressed by law and the good the law outweighs any harms of the law. Those who back the transathlete bans have been hard pressed to find meaningful harms. While inconsistent with their professed love of small government and freedom, these laws are consistent with their approach to voter rights in that they support imposing restrictions where no meaningful harm exists. But perhaps they are motivated by their professed principle of fairness to women. Let us test this hypothesis.
If the Republicans believe laws should ensure women are treated fairly, then they should pass other laws aimed at addressing serious inequalities between men and women. One example is the persistent pay gap between men and women. In Florida, women make 85 cents for every dollar made by men. This is a harm being done to women and is unfair, yet while the Republican controlled government of Florida was busy with ant-transgender laws, they have been uninterested in this pay gap. One could counter that this is a concern for the private sector, but one can then point to the gender pay gap in Florida government: something the government could and should address. One could also run down a checklist of the areas where women are treated unfairly relative to men and look for evidence that the Republicans have addressed these cases of unfairness. As such, the claim that they are motivated by concerns about fair treatment of women and girls is just another lie. If they were truly motivated by this principle, they would be actively addressing the significant unfairness faced by women and girls and not just focused on ant-transgender laws wearing the mask of fairness.
As a practical response, whenever the Republicans make the fairness argument against transgender athletes, they should be immediately challenged about what else they are going to do to adress fairness. For example, if they are so concerned about fairness, they should ratify the ERA.