Tangle - The transgender bathroom bill in Congress
Episode Date: November 25, 2024Last Monday, Rep. Nancy Mace (R-SC) introduced a resolution requiring Members, officers, and employees of the House of Representatives to use bathrooms corresponding to their biological sex ...at the Capitol and in House office buildings. Then, on Wednesday, Mace released the text of a bill that would establish the same rule for all individuals in federal buildings. Mace said she introduced the bill in response to Sarah McBride’s (D-DE) election to the House. McBride is the first transgender person elected to Congress. Ad-free podcasts are here!Many listeners have been asking for an ad-free version of this podcast that they could subscribe to — and we finally launched it. You can go to tanglemedia.supercast.com to sign up!You can read today's podcast here, our “Under the Radar” story here and today’s “Have a nice day” story here.We are hiring!In the last month or so, the rapid growth of our readership has accelerated a planned expansion of our team. We are hiring for:Assistant to the editor. We are also looking for a highly organized individual dedicated to Tangle's mission who has a passion for multimedia and politics. This person will be working directly with Tangle's executive editor Isaac Saul out of Tangle HQ in Philadelphia, with a start date in February-March. Job listing here.Take the survey: What do you think about bathroom laws? Let us know!You can subscribe to Tangle by clicking here or drop something in our tip jar by clicking here. Our podcast is written by Isaac Saul and edited and engineered by Dewey Thomas. Music for the podcast was produced by Diet 75. Our newsletter is edited by Managing Editor Ari Weitzman, Will Kaback, Bailey Saul, Sean Brady, and produced in conjunction with Tangle’s social media manager Magdalena Bokowa, who also created our logo. Hosted on Acast. See acast.com/privacy for more information.
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From executive producer, Isaac Saul, this is Tangle.
Good morning, good afternoon and good evening and welcome to the Tangle podcast, a place
where you get views from across the political spectrum, some independent thinking and a little bit
of our take.
My name is Will K. Back.
I'm one of Tangle's editors and I'm filling in for Isaac today.
So I'll be reading his take and helping John run the show on the pod.
Before we jump in a couple notes.
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Unfortunately, the figure on the million Ukrainians and Russians was one we had pulled from the numbers section of the newsletter where we
correctly noted that 1 million was the number of Ukrainians and Russians killed or wounded in the war and
this was just a dumb error. When we were copying that over, we just neglected to copy or wounded.
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In today's edition, we're going to be talking about the bill introduced by Representative
Nancy Mace, a Republican from South Carolina,
that would require people to use bathrooms
corresponding to their biological sex
in all federal spaces.
This is obviously a contentious and wide ranging topic.
So we tried to keep it focused on a few key questions.
We'll discuss the questions of safety
when it comes to transgender women using women's bathrooms,
whether Mace's bill addresses
the issues in any meaningful way,
and the political calculations that could be driving
this move.
Let's jump right in.
I'll pass it over to John for quick hits
and our main story, and then I'll be back in a bit
to read Isaac's tape.
["Quick Hits"]
Thank you, Will, and welcome, everybody.
Here are your quick hits for today. First up, former representative Matt Gates Thank you, Will, and welcome everybody.
Here are your quick hits for today.
First up, former Representative Matt Gaetz withdrew from consideration for attorney general,
stating that his nomination had become a distraction for President-elect Donald Trump's transition.
Shortly after Gaetz's announcement, Trump said he would nominate former Florida Attorney
General Pam Bondi for attorney general.
Number 2.
Senator Bob Casey conceded to Dave McCormick
in Pennsylvania's Senate race.
After the concession, Pennsylvania's Secretary
of the Commonwealth announced the state was stopping
its recount at Casey's request.
Number three, President-elect Trump
made his final picks for his cabinet advisors,
requiring Senate confirmation, announcing investor Scott
Bessent as his nominee for Treasury Secretary.
Additionally, Trump chose Brooke Rollins, head of the America First Policy Institute
for Agriculture Secretary.
Trump also nominated former Texas lawmaker Scott Turner for Housing and Urban Development
Secretary.
And finally, Trump selected outgoing Representative Lori Chavez de Remer for Labor Secretary.
4.
Judge Juan Marchand indefinitely postponed President-elect Trump's sentencing for his conviction in the Hush Money case in New York.
Marchand set a December 2nd deadline for Trump's lawyers to file a motion seeking to dismiss the case outright.
And number five, Israel carried out an airstrike on a building in Beirut reportedly targeting top Hezbollah commander Mohammed Haidar.
The strike killed at least 29 people, according to Lebanon's health ministry.
Separately, Hezbollah fired an estimated 250 rockets
and other projectiles into Israel,
with some rockets reaching the Tel Aviv area.
Seven people were wounded in one of the militant group's
heaviest barrages in months.
["I'm Not Going to Allow Men"]
No, I'm not going to allow men to erase women or women's rights. And I'm going to be standing up here.
I will file this again next congressional session.
Sarah McBride doesn't get a say.
This is about women.
This is about girls.
This is about our rights and being protected in our private spaces.
I don't want to see a man in a women's restroom.
That's not a thing.
And it's not going to be a thing up here.
It's not going to be a thing anywhere across the country either.
Thank you so much.
Joining me now with the outgoing Democratic congresswoman from California, Barbara Lee,
and a good friend to us.
So my question to you first off is what is driving your colleague, congresswoman Mace,
who we should note previously has said she supported LGBTQ rights,
to lead this charge.
Well, nice being with you, Alice. It looks like she's being driven by money and popularity and trying to
send a message out that's disgusting and that's dangerous.
Last Monday, Representative Nancy Mace, the Republican from South Carolina, introduced a resolution requiring members, officers, and employees of the House of Representatives
to use bathrooms corresponding to their biological sex at the Capitol and in House office buildings.
Then on Wednesday, Mace released the text of a bill that would establish the same rule for
all individuals in federal buildings. Mace said she introduced the bill in response to Sarah McBride's
election to the House. McBride, the Democrat from Delaware, is the first transgender person elected to Congress.
A note that you can read our editorial standards for trans issues and pronoun use with a link in
today's episode description. Shortly after May's unveiled her bill,
a House Speaker Mike Johnson announced new policies for facilities in the Capitol.
All single-sex facilities in the Capitol and House Office buildings, such as restrooms,
changing rooms, and locker rooms, are reserved for individuals of that biological sex,"
Johnson said at a statement.
In response to the policy, McBride said she would follow the rules as outlined by Speaker
Johnson even if I disagreed with them, adding,
I'm not here to fight about bathrooms.
I'm here to fight for Delawareans and bring down costs facing families.
Mace said the issue was a question of women's rights and safety.
I'm a victim of abuse myself.
I'm a rape survivor, she said.
I have PTSD from the abuse I've suffered at the hands of a man, and I know how vulnerable
women and girls are in private spaces, so I'm absolutely 100% going to stand in the
way of any man who wants to be in a women's restroom, in our locker rooms, and in our changing rooms."
After initially saying that he would not engage in silly debates about the issue,
Johnson made a follow-up statement affirming his belief that a man is a man and a woman is a woman and a man cannot be a woman.
He added,
I also believe that we treat everybody with dignity and so we can do and believe all those things at the same time."
Most House Democrats have expressed support for McBride and criticized Mesa's effort as
unproductive and cruel. House Minority Leader Hakeem Jeffries called the bill a blatant attempt by
Republicans to distract from the fact that they have no real solutions to what Americans are
facing. Additionally, Mesa's former Communications Director Natalie Johnson suggested the bill was a
ploy for media attention. Today, we'll explore perspectives from the right and the left on Mesa's former communications director, Natalie Johnson, suggested the bill was a ploy
for media attention.
Today, we'll explore perspectives from the right
and the left on Mesa's bill and transgender issues
in the U.S. and then Isaac's take.
We'll be right back after this quick break.
Alright, first up, let's start with what the right is saying.
The right mostly backs Mace's bill, framing it as common sense policy that should be the
norm in the US.
Some argue the debate over trans women and bathrooms is a sign of America's cultural
decline.
Others question whether Mace's bill addresses a real issue.
In The Washington Examiner, Kimberly Ross wrote,
Yes, keep men out of women's spaces, in Congress and everywhere else.
It's reasonable to assume that Mace's actions are partly political theater.
Her social media posts about the issue include a video of the representative placing the word biological above the women's sign outside a Capitol Hill restroom and other
quips such as, does the left ever get tired of being weird?
But the South Carolina representative is a survivor of rape, domestic violence, and abuse.
This is personal, Ross said.
It should go without saying that biological men don't belong in bathrooms, locker rooms,
changing rooms, or similar spaces with biological women, but such a reasonable declaration is
met with claims of bigotry in 2024.
You're not standing up for the rights of women and girls.
You're actively engaging in hate, according to far too many LGBT activists who wish to
co-opt traditional areas reserved for girls and women.
The reaction is such that those demanding basic decency, protection, and continuation
of what has been in place for decades are treated as ill-tempered radicals, Ross wrote.
The issue of transgender Americans in bathrooms or similar facilities isn't the most pressing
issue of our time, but it does deserve attention when women and girls are increasingly pushed
aside and dismissed by Democrats and Republicans alike for speaking up.
It's an issue of right and wrong. It's also a safety issue. We deserve to feel protected from potential predators."
In Blaze media, Delano Squires said the attacks on Mesa's stance underscore our ongoing descent into madness.
Some of the most outspoken women in our culture on abortion rights, pay equity, climate change,
and politics are now scared to speak about the very thing they have built their identity
around, womanhood.
They spent decades trying to smash the patriarchy only to submit to the men leading the vatriarchy,
Squires wrote.
The party that spent the last few months saying it would defend women is unwilling to define
a woman publicly.
The feminist movement has laid down its sword, raised the white flag of surrender, and bowed
in submission to the handful of impossible women who are society's last oppressed group.
Only time will tell whether Republicans will develop the spine to see this battle all the
way through.
House Speaker Mike Johnson tried to dodge a direct question about McBride's sex at
a press conference before affirming the sex binary in a follow-up statement.
Getting Jimmy off of Jane's field hockey team is one thing, but forcing girls to refer to
hulking teenage boys as she and her is a sign the roots of this twisted ideology are still
firmly in place, Squires said.
It's impossible to rebuild American families if we live in a society where people are confused
about which sex has the babies.
In MSNBC, Brad Palumbo explored Mace's path from LGBTQ ally to anti-trans culture warrior.
I for one am surprised to see Mace launching this culture war crusade because when I interviewed
her in 2021 shortly after she took office, she framed herself as a pro-LGBT social moderate.
Times have changed, and evidently, Mace has too, Palumbo wrote.
To be fair, the Congresswoman hasn't entirely abandoned support for LGBT rights, as she
broke with the majority of the Republican Party in 2022 to support the Respect for Marriage
Act, which enshrined same-sex marriage protections into federal law.
Still, the stance she takes now seems entirely devoid of the kind of nuance and empathy Mace
originally branded herself around.
Protecting women and girls is not what Mace is actually doing, and it's not just the
radical left that disagrees with her stand.
Many moderate right-of-center Americans like myself also find her grandstanding disappointing
because there's no actual safety issue being addressed here," Palumbo said.
Assaults by transgender women in women's bathrooms are incredibly, incredibly rare, and there
is zero reason to specifically believe that McBride is going to assault anyone in a restroom.
This entire crusade is a solution in search of a problem.
Whether Mace realizes it or not, she has likely shared the women's bathroom with transgender
women who work for Democratic members of Congress many times without any issue.
Alright that is it for what the right is saying which brings us to what the left is saying.
The left is critical of Mace's bill while praising McBride for her response to it.
Some suggest Mace is primarily driven by a desire to amplify her national profile.
Others say the controversy creates an opportunity for Democrats to reframe the narrative about
trans issues.
In Bloomberg, Nia Malika Henderson wrote, Sarah McBride knows how to handle the GOP's
anti-trans bullies.
The GOP, full of fear-mongering and scapegoating, has shown who it is on this issue.
But transgender Americans don't represent some existential threat to the social order.
Proposals like bathroom bills only serve to create us-versus-them divisions that Democrats
would do well to ignore, instead positioning themselves as the party of all Americans,
no matter their
identity," Henderson said. McBride issued a remarkably restrained response,
shunning the fight with her new colleagues and providing something of a model for how
Democrats can engage. President-elect Trump has made it clear that he plans to make life
for transgender Americans even more difficult. The GOP party platform vowed to keep men out
of women's spaces as one of the 20 promises of their legislative and governing agenda, Henderson wrote.
Democrats shouldn't abandon their commitment to transgender rights out of
political expediency. To do so would be to undermine the party's commitment to a
country where identity doesn't determine destiny and opportunity. In the
Washington Post, Philip Bump said Nancy Mace finally mastered the right-wing media
universe.
After Mace was first elected in 2020, she positioned herself as a champion of LGBTQ
issues, but that was in early 2021, when there was space in the national conversation for
an ambitious freshman Republican to extend grace to a marginalized community that was
generally more sympathetic to politicians from the other party," Bump wrote.
Over the course of 2021, though, with President Joe Biden in the White House, the Republican
narrative shifted more forcefully against efforts to build a more inclusive country.
By 2024, the Republican base had been fed a steady diet of anti-trans rhetoric, making
trans issues fertile ground for anyone willing to be engaged in the fight.
Mace was willing.
The fervor and hostility of Mace's rhetoric has increased over the course of the week
alongside the uptick of frequency in her media appearances.
If it was a ploy, it worked.
What's more, it worked because Mace has mastered the approach that worked so well for Trump,
framing an attack as a defense, Bump said.
The issue appears to have resolved at this point, with Mace able to claim victory.
But the victory isn't only in forcing McBride to walk farther to use the bathroom.
It's also in cracking the code to become the person carrying the banner for the right in
the never-ending culture wars.
In her Erin in the Morning newsletter, Erin Reid argued, Republican bathroom panic over
McBride shows it was never about sports or kids.
The reaction to Representative McBride makes one thing crystal clear to Democrats and pundits
alike.
The Republican Party's debate over transgender Americans was never about sports or prison
inmates.
Time and again, when given an inch, they take everything.
That they've already pivoted to bathrooms before Congress has even convened should speak
volumes and the fact that the first transgender person they've targeted nationally is a mild-mannered
Democratic congresswoman representing a million Delawareans speaks even louder," Reed wrote.
If Representative McBride, a woman who championed and passed paid family leave for mothers on the
brink of poverty, is deemed unsafe for women, then what transgender person could ever be considered
safe? The truth is the far-right cannot resist what transgender person could ever be considered safe?
The truth is, the far-right cannot resist targeting transgender people when they dare to step into positions of power.
The mere presence of a transgender person as an equal is almost too much for them to bear,
driving them to indulge their cruelest impulses," Reed said.
Democrats have a golden chance to reframe the narrative on transgender rights.
Democrats must seize this moment to stand firm, contrasting their focus on jobs, infrastructure,
and middle-class support with a Republican party consumed by cruelty that does nothing
to improve people's lives.
Alright, let's head over to Will for Isaac's Take. All right, that is it for what the right and left are saying, which brings us to my take.
Reminder, my name's Will.
I'm one of Tangle's editors filling in for Isaac today on the pod.
So I'll be reading his thoughts in the take in the first person.
So much baggage is attached to debates about trans issues
that writing anything productive requires narrowing the focus.
For starters, this story is clearly about trans women,
not trans men, as I haven't seen too many people concerned
about trans men using the men's restroom.
That starting point can help to clarify
a few useful questions.
Number one, are trans women actually a threat in women's spaces like bathrooms?
Number two, is this bill a productive way to address potential safety issues for women
in public facilities?
And number three, does Representative Nancy Mace earnestly hold these views, or is this
more political opportunism?
Answering the first question about the threat trans women pose empirically, especially in women's spaces, is difficult.
And not just because trans women are a small part
of the population.
Reliable estimates put the number of all trans people
above the age of 13 at about 1.6 million in the US.
But this is difficult also because transgender
means different things to different people.
Are we talking about self-assigned pronouns of teenagers
or medically transitioned adults?
Or is the dividing line somewhere else on the spectrum?
Still, the peer-reviewed studies that have been published
about this issue show that permissive bathroom laws
do not increase incidents of assault or harassment,
and further suggest that trans people are more often victims
of harassment in spaces like bathrooms than the perpetrators of it.
Conversely, laws restricting this access often end up making trans people less safe,
without improving the safety of the people they intend to protect.
Which, to be frank, makes sense.
Many trans people are not obviously trans, which means keeping them out of a bathroom they appear to belong in
has the unintended effect of putting them in spaces where it very much appears they
don't belong. In the newsletter we have a screenshot from a tweet that shows a
trans man very identifiably looking like a man and a trans woman very obviously
looking like a woman comparing the two and the tweet says look I genuinely don't care who is in the bathroom with me but the law you're
proposing says the person on the left the trans man should use the women's
bathroom and the person on the right the trans woman should use the men's
bathroom. On the left is Buck Angel a trans man who Isaac interviewed last
year for our piece on the dangers of pornography and on the right is newly
elected representative McBride. I would not feel comfortable with McBride in the locker room with me, and
though I'm not a woman, I suspect many women wouldn't feel comfortable if they saw bucks
stride into the women's bathroom. However, it's not all cut and dried. Men commit more
crime than women, and some studies have shown that a male pattern of criminality still applies to trans
women who were born male after transitioning genders. That applies to violent crime rates too,
and there are many cases of attacks or harassment in women's spaces by trans women, so it's not as
if there's zero reason to have any concern. Further, even if trans women don't pose any
elevated threat themselves, it isn't hard to find clear-eyed
and convincing arguments for maintaining biological female-only spaces regardless.
My own views aren't cut and dried either.
On the one hand, I think the progressive trans movement has moved so far that it's trying
to defend an untenable position that all you have to do to gain access to a protected space is claim a
protected identity for yourself. Imagine a situation where someone clearly identifiable
as a biological male, someone who is known to family and friends and identifiable that way to
the public, declares one day that they are transitioning to female. Nobody could reasonably
expect all girls and women
to suddenly be comfortable with that person showing up
in their bathroom or locker room just a few days later.
And yet, this isn't how transitioning always
or even often works.
To take the example at hand,
Representative Sarah McBride is 34 years old.
She was her student body president
at American University in college,
and in her final week in that role,
she came out as trans in the school newspaper.
She described how she wrestled with her gender identity, writing that being trans was her
deepest secret and something that she couldn't accept, thinking she had to pick a pursuit
of politics over being trans and couldn't possibly do both together.
That was over 12 years ago, and now she is an openly trans woman who was elected to Congress.
Regardless of your views on this issue, we should all be able to respect someone like
McBride's lifestyle.
She's not a confused teenager.
She's not someone attaching themselves to an identity for personal gain or to be a predator
or on a whim.
She is an adult exercising her freedom to live as the person that brings her happiness without harming anyone around her.
What is so frustrating for me is that both sides seem to be attached to some fantasy
world that cannot and will not exist. Many on the right seem to think they can just legislate
trans people away, pretending that by excluding them they will somehow cease to exist. They
won't. Whether they exist because
of gender dysphoria or ambiguous sex organs or social contagion is, for the purposes of
legislation like this, irrelevant. We should strive to create free societies for all. That's
the benefit of living in a pluralistic country. At the same time, many on the left seem to
think they can use academic theory to set the definitions of common words without hearing concerns about comfort levels, fairness, and
perceived or actual safety.
This too is entirely unrealistic.
My first thought on reading this story was that it all just felt a little off.
In the past, Mesa has described herself quite differently than the person she's acting like
today.
She said to the Washington Examiner in 2021,
I strongly support LGBTQ rights and equality. No one should be discriminated against.
I have friends and family that identify as LGBTQ.
Understanding how they feel and how they've been treated is important.
Having been around gay, lesbian, and transgender people has informed my opinion over my lifetime. Going from that to no balls in our stalls should raise some eyebrows.
And while it's true that Mace has opposed pretty much every piece of LGBTQ legislation
proposed in Congress for the last few years, you can't ignore the political factors that
are obviously at play. Anti-trans ads were very successful for Trump, and many swing voters turned on Kamala Harris
because they thought she cared more about trans issues
than their issues.
Mace seems to be reading that as a cue to go on offense.
My read of the room is that Americans just
want to hear less about this issue from the extremes,
not more.
To that end, I think Mace might be coming off more cruel
than anything else.
And I'm not sure how much broad interest there is for a fight like this. I genuinely think
someone like McBride should be able to use women's bathrooms in the halls of Congress.
Yet, I can also hold that this doesn't mean all self-identified trans women are entitled
to all women's spaces. I wish more people could hold these things at the same time too,
but alas, it
doesn't appear to be the country that we have.
All right, that is it for today's My Take section. We're not doing a reader question
today to give our main story some extra space. So I'll send it back to John for the rest
of the podcast and we'll see you all tomorrow. Thanks. We'll be right back after this quick break.
Thanks Will.
Here's your Under the Radar story for today, folks.
A sizable majority of Americans approve of President-elect Donald Trump's handling of
his presidential transition process so far, according to a new CBS News YouGov poll.
59% of U.S. adults say they approve of the transition, while 55% say they feel happy
or satisfied about electoral victory.
Additionally, many of Trump's cabinet nominees have garnered support among Americans who
are familiar with the picks.
A net plus 19% think Senator Marco Rubio, the Republican from Florida, was a good choice
for Secretary of State.
Plus 13% think Robert F. Kennedy Jr. was a good pick for HHS Secretary.
Plus 9% think Tulsi Gabbard was a good pick for Director of National Intelligence.
And plus 5% think Pete Hegseth was a good pick for Secretary of Defense.
While several of Trump's nominees have prompted criticism from Democrats, the media, and even
some Republicans, the poll's findings suggest Americans are broadly supportive of Trump's
initial decisions in his presidential transition.
CBS News has this story and there's a link in today's episode description.
Alright next up is our numbers section.
The approximate number of transgender adults living in the United States is 3 million,
roughly 1.14% of the population, according to the latest US Census Bureau Household Pulse
Survey.
The number of US states that require people to use bathrooms and other facilities that
correspond to their biological sex in all government-owned buildings and spaces is 2.
The estimated percentage of transgender people in the U.S. who live in one of these two states
is 8%.
The number of states, as well as five territories, and Washington, D.C., with no laws affecting
transgender people's use of bathrooms or facilities in government spaces is 37.
The estimated percentage of transgender people in the U.S. who live in one of these states
or territories is 81%.
The percentage of U.S. adults who support laws to protect transgender people from discrimination
in housing, jobs, and public spaces is 64%, according to a 2022 Pew Research survey.
The percentage of U.S. adults who support laws requiring transgender individuals to use public bathrooms that correspond to their sex assigned at birth is 41%.
And the percentage of U.S. adults who oppose laws requiring transgender individuals to
use public bathrooms that correspond to their sex assigned at birth is 31%.
And last but not least, our Have a Nice Day story.
Space Coast High School in Florida had a struggling football team.
The Vipers had gone 1-8 in 2023, and this year lacked the funds and equipment to play
at all.
But when Baker Mayfield, the quarterback for the Tampa Bay Buccaneers, learned about their
struggles, he stepped in to help.
Together, Mayfield and his wife, Emily, donated $17,900 that the team needed for their season.
In the end, the Vipers went 10-3 and won their state championship.
Sports Illustrated has this story and there's a link in today's episode description.
Alright everybody, that is it for today's episode.
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This is John Maul signing off.
Have a great day, y'all.
Peace.
Our podcast is written by me, Isaac Saul,
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