Layer Two: Does a TERF Shit in the Woods? The bedrock concept of TERF talking-points revolves around the corrosion of cis women’s rights directly caused by trans rights. According to their view, there is a direct inverse relationship between trans and cis rights; recognizing one automatically degrades the other. Therefore they cannot coexist. Add the strongly held conviction that trans people are simply delusional, perverted, or unstable, perhaps even violent, and you arrive at the ideological center of Trans Exclusionary Radical Feminism. For years, before the issue of trans athletes rose to prominence, when pressed for examples of how cis women’s rights are eroded by those of trans people, TERFs pointed to public bathrooms. They usually tell either one of two stories. The first goes something like this: If we allow trans women access to women’s bathrooms—thereby allowing (in their words) “biological men” in women’s spaces—any male sexual predator could just enter the women’s bathroom claiming to be trans and harass women. Defeating the purpose of gender segregated bathrooms. Moreover, drawing from the long history of demonizing queer people, many TERFs argue that trans women themselves are innately predatory and perverted. Take Kathleen Stock, for example, a “feminist” professor in the UK who is ardently opposed to trans women using women’s bathrooms. Speaking to a packed room at the Oxford Union she said it was “crazy” to “have laws and policies based on something that is totally internal. We are supposed to accept what someone says about their gender identity as soon as they say it, and that is the basis on which people are getting access to certain spaces where women are vulnerable. … It is a risk of a man saying he is a woman and going into a space and taking advantage of that.” After falsely claiming that trans women commit sexual crimes at “higher rates than the average male,” one student challenged Stock. “If you think trans people aren’t violent,” she replied, “you need to talk to some criminologists.” Okay, let’s do that. In a June 2022 study on sexual violence among teenagers which involved 4,193 participants (with 7 percent being trans or non-binary), researchers found that trans participants were less likely than their cis peers to commit sexual violence. Furthermore, trans people were found to be more than twice as likely to be the victims of sexual abuse. Sixty-seven percent of trans youth had experienced “serious sexual violence.” I’m not cherry picking my sources either, other studies have found the same results (no proper study, on the other hand, supports the assertions of people like Kathleen Stock). The American Medical Association warned in 2019 that trans people face “an epidemic of violence.” Another study published in the Journal of General Internal Medicine found that, “Relative to cisgender people, transgender individuals not only are at an elevated risk of experiencing at least one form of physical or sexual violence, but also at an increased risk of multiple types of violence over their life course. … In fact, almost half of transgender and gender diverse (TGD) individuals have been sexually assaulted in their lifetime. The incidence of sexual violence is even higher among TGD people of color.” This is especially true for Black trans women. All three of those demographics are subjected to a disproportionate amount of serious, institutionalized violence. Black trans women find themselves at the intersection, bearing the trifecta of being a woman, Black, and trans. Human Rights Campaign compiled a list of anti-trans motivated murders—which they stress is an undercount—of which 61 percent of victims were Black. Yet another study by the UCLA School of Law’s Williams Institute found that “transgender people are over four times more likely than cisgender people to experience violent victimization, including rape, sexual assault, and aggravated or simple assault. … In 2017-2018, transgender people experience 86.2 victimizations per 1,000 people compared to 21.7 victimizations per 1,000 people for cisgender people.” I won’t belabor the point any further, but this is what happens when you follow Kathleen Stock’s advice and “talk to some criminologists.” On a personal note, I find it additionally disgusting how these transphobes muddy the conversation around sexual violence. There is a good reason that whenever trans bathroom bans have been proposed by lawmakers, virtually all domestic violence shelters and similar organizations, like the ones that council rape victims, strongly oppose it. Unlike these anti-trans “feminists”—in quotes—the people working at these organizations dedicate their lives to helping and advocating for abuse victims. They are not, as is tacitly implied by these TERFs, in favor of eroding women’s rights and safety. When North Carolina considered passing a ban on trans people using the public bathroom that corresponds with their gender, over 200 organizations combating domestic violence formed a coalition opposing the legislation. Their statement read in part: We,   the   undersigned   sexual   assault   and   domestic   violence   organizations,   oppose antitransgender   initiatives.   These   initiatives   utilize   and   perpetuate   the   myth that    protecting    transgender    people’s    access    to    restrooms    and    locker    rooms endangers   the   safety   or   privacy   of   others.   As   organizations   that   care   about reducing    assault    and    violence,    we    favor    laws    and    policies    that    protect transgender   people   from   discrimination,   including   in   accessing   facilities   that match the gender they live every day. States   across   the   country   have   introduced   harmful   legislation   or   initiatives that    seek    to    repeal    non-discrimination    protections    or    restrict    transgender people’s    access    to    genderspecific    facilities    like    restrooms.    Those    who    are pushing   these   proposals   have   claimed   that   these   proposals   are   necessary   for public   safety   and   to   prevent   sexual   violence   against   women   and   children.   As rape   crisis   centers,   shelters,   and   other   service   providers   who   work   each   and every   day   to   meet   the   needs   of   all   survivors   and   reduce   sexual   assault   and domestic   violence   throughout   society,   we   speak   from   experience   and   expertise when we state that these claims are false. Similarly, when the public-bathroom issue came up in 2014, the Anti-Violence Project correctly pointed out that the emphasis placed on random assaults in public bathrooms diverts attention away from the real conversation around sexual violence: Although   there   is   an   element   of   isolation   in   public   washrooms   that   increases the    opportunity    for    physical    crimes    like    mugging    or    stealing    of    personal property,   sexual   violence   itself   is   not   normally   a   danger   or   risk   in   these   spaces. Research   shows   that   all   forms   of   sexualized   violence,   unfortunately,   occur   (80- 90%   of   the   time)   in   familiar   (home)   or   public   surroundings   (streets   or   parties), and are committed by people who are known to the survivor. Among the most misguided child-safety initiatives were the “stranger danger” programs of the 1980s. The vast majority of child abuse or kidnapping cases are perpetrated by someone who knows the child—most often a family member. Yet these federal programs taught children to expect a man wearing a trench coat lurking behind trees with a binocular, or some guy driving a white van offering candy. Unfortunately, it left them more vulnerable to the most common form of abuse. But at least the programs in the ’80s were designed to help. Quite a different motivation than today’s TERFs who hijack this serious topic in the service of their own bigotry. I think it’s vile. But there is a more palatable version of this TERF narrative, one that’s often swallowed uncritically by the type of spineless, fence-sitting liberals who mistake saying “I think both sides have merit” with being morally superior to the activists down in the trenches. This version does not smear trans people outright as predators, rather it is concerned about cis women feeling “uncomfortable” when trans women use the bathroom. (I wonder if I can stop funding the genocide in Palestine with my taxes if I claim it makes me “uncomfortable.”) Of course, the same bias underpins both narratives: cis women have a right to a men-free area for their safety and comfort, but trans women are not entitled to those same protections (despite clearly needing them, even more so than cis women). These narratives can only be accepted if somewhere in your mind trans women are not “real” women. Yet, many TERFs will insist that they are not  transphobic and are merely interested in protecting women. But these arguments rely on transphobia—that is, a prejudice against trans people—as the foundation on which they are build. Without some amount of anti-trans prejudice, even if it’s subconscious, these narratives fall apart. It’s also worth noting that trans men are often left out of this conversation entirely—as they often are. Part of the reason is undoubtedly that, according to the transphobic world view, trans women are merely cross-dressing men, which opens them up to the same grotesque (and more violent) smears that gay men regularly faced; whereas trans men are treated as confused tomboys, which means they often get the old misogyny classic of not being taken seriously—like many lesbians who were told they were merely confused or going through a phase. The notion that cis women would be uncomfortable washing their hands next to a trans woman relies to some extent on the so-called toupée fallacy: “all toupées are bad, I can always tell when someone is wearing one.” Never does it seem to enter into their minds that many trans people “pass”—meaning they are not noticeably trans. If bathroom bans were enacted, it would require a good number of passing trans men with beards to use the lady’s room. I’m certain that won’t make anyone involved uncomfortable or unsafe. What about a passing trans girl having to use the men’s restroom wearing her miniskirt? I’m sure that won’t get sketchy or awkward. Basically, the anti-trans bathroom panic clearly demonstrates what this movement is really about. None of the arguments withstand scrutiny and the proposed bathroom bans would achieve exactly the opposite goals by which its advocates claim to be motivated. For them, this is straightforwardly about small- minded bigotry. And while the bathroom bans themselves never achieved popularity, the cultural effects still had an ominous impact. Transphobes have taken it upon themselves to police public bathrooms. In many cases, these toilet vigilantes, most of them men, have harassed cis women when they’ve suspected them of being trans. For example, earlier this year in May, CBS News reported that the ironically named Liberty Hotel in Boston kicked out a lesbian couple, falsely suspecting one of them to be transgender due to her short hair: The    couple    said    they    were    in    the    women’s    lobby    bathroom    when    a    male security   guard   came   in   and   started   banging   on   the   stall   doors.   …   “One   of   the security   guards   was   there   telling   me   to   get   out   of   the   bathroom,   that   I   was   a man   in   the   women’s   bathroom.   I   said,   ‘I’m   a   woman.’   ”   …   [Ansley]   Baker   was born   a   woman   and   identifies   as   a   woman.   But,   she   said   she   was   escorted   out   of the   restroom   and   then   comments   were   directed   at   her   from   other   women waiting   in   line.   “Someone   said,   ‘Get   him   out   of   here,’   referring   to   me.   ‘He’s   a creep,’ also referring to me,” Baker said. In 2022, a TikTok went viral when a cis woman, also with short hair, filmed herself getting harassed in a casino bathroom. She later said, “I think the most upsetting part is the fact she thought I was a trans child and was literally attacking me and no one said ‘Boo. Or take the case of Aimee Toms. After donating her hair to a charity that makes wigs for child cancer patients she got harassed in a Walmart bathroom. Local Connecticut newspaper Newstimes (an offensively uninspired name) reported, [As]   Toms   was   washing   her   hands   …   a   stranger   approached   her   and   said, ‘You’re disgusting!’ and ‘You don’t belong here!’ After    momentary    confusion,    she    realized    that    the    woman    next    to    her thought—because    of    her    pixie-style    haircut    and    baseball    cap—that    she    was transgender.   …   “After   experiencing   the   discrimination   they   face   firsthand,   I cannot   fathom   the   discrimination   transgender   people   must   face   in   a   lifetime,” she   said.   “Can   you   imagine   going   out   every   day   and   having   people   tell   you   you should not be who you are or that people will not accept you as who you are?” Another example comes from Texas, where the Dallas Observer reported that a man barged   into   a   women’s   restroom   at   Baylor   Medical   Center   in   Frisco   on   Thursday to   make   sure   that   Jessica   Rush,   who   manages   a   local   health-food   takeout   place, was peeing in the proper place. She   was,   for   the   record,   and   her   situation   isn’t   particularly   complicated. Rush   was   born   and   identifies   as   female   and   has   no   plans   to   change   that.   “I   look very much like a girl,” she says. “I’m not trying to transition, nothing like that.” But    rush    wears    her    hair    in    a    bleached    blond    fauxhawk    and    dresses androgynously.   On   Thursday,   she   was   wearing   a   T-shirt   from   her   alma   mater, Texas    Tech,    with    basketball    shorts.    As    the    man    at    Baylor    explained    after walking   into   the   restroom   behind   her,   […]   “When   I   saw   you   enter   I   thought   you was…” the man says. “A boy?” Rush offers. “Yeah,   it   was   kind   of   confusing.”   […]   “You   dress   like   a   man,”   he   says   several times as he walks away. Later,   in   the   doctor’s   office   lobby   where   Rush   was   waiting   to   have   a   pair   of broken   fingers   looked   at,   the   man   elaborated   that   he   was   concerned   that   a   man had   entered   the   same   bathroom   his   mother   was   going   to   use.   […]   The   guy   at Baylor    isn’t    the    first    person    who’s    found    himself    confused    by    Rush’s    self- presentation.   Once,   when   Rush   was   at   Hobby   Lobby,   a   woman   accosted   her   for trying   to   enter   the   restroom   her   granddaughter   was   using.   Another   woman berated   Rush   for   brazenly   waltzing   into   the   24   Hour   Fitness   locker   room   before recognizing that Rush was, in fact, a woman and muttering an apology. […]The   confusion   isn’t   universal,   however,   because   the   women’s   restroom was   full   and   figuring   that   everyone   mistook   her   for   a   dude   anyways,   she   tried using    the    men’s    bathroom    at    a    bar.    Its    occupants    were    immediately    panic stricken.   “Whoa,   there’s   a   chick   in   the   bathroom!”   they   yelled.   “Get   out,   get out!” “It     makes     me     feel     suuuper     insecure,”     Rush     says     of     the     bathroom confrontations. Just for good measure, consider another viral video from 2016. SBS News described it thusly: In   the   video,   the   unnamed   woman   tries   to   convince   the   two   male   officers   and one   female   officer   present   that   she   is   a   woman,   her   friends   shout   in   her   support “she’s a girl,” which the officers ignore. The   police   then   ask   the   woman   for   identification   to   prove   her   sex.   She rejects   their   demand,   offended.   The   male   officers   then   manhandle   her   out   of   the restroom, whilst calling her “sir.” The   police   eventually   tell   the   woman’s   friends,   who   are   still   vouching   for her female identity, “you can all leave if you want.” Stories such as these caused the public to sour on bathroom bans. Even people who were mostly uninterested in trans rights grew opposed to policing public bathrooms. Even Donald Trump in 2016 campaigned against bathroom bans. This deprived the anti-trans movement of their one example showing how trans rights decrease women’s rights. The bathroom bans had failed. The search was on for a new vector of attack. Soon, they found one.