photo via pixabay
photo via pixabay

What’s going on in the South?  First a “religious discrimination” bill passed both houses in Georgia (not signed by the Governor), then North Carolina passes HB2 sold as a “bathroom bill” but allows discrimination against LGBTQ people all over the state. And now Mississippi passes a “religious freedom” bill that includes the right to discriminate not only against LGBTQ folks but also fornicators, those radical people who have sex outside the bonds of marriage (you know, the rest of us, at least sometime in our lives). Is there a contest for which Southern state can be most crazy?

North Carolina and Mississippi have suddenly become states to avoid if you care about human rights, if you are LGBTQ people, or if you know or love someone that is. Are there any Americans who shouldn’t be thinking of boycotting these states?

You might think that these new laws passed hurt transgender people only, but you’d be wrong.  These laws allow discrimination and legitimate harassment against anyone who doesn’t follow the typical expectations for how we look, or how we hold our bodies, or who we love, or who or whether we marry. These concerns about looks and bodies relate directly to what sociologists refer to as how we “do gender.” These laws try to impose one fixed and “normal” way to “do gender,” along with whom to partner and how.  But over the past 30 years that I have written about gender, I have seen dramatic changes to what is considered “normal” and whether sex outside of marriage is a crime or just another recreational activity that feels good. Many more people are open about their gender identities, and express them in a variety of ways. Our categories have changed and moved beyond a simple binary where “boys will be boys” and “girls will be girls.”

The dramatic change has been especially clear in research for my new book on Millennials. The changes in how people “do gender” pushed me to write a book I had never planned to write. Indeed, after teaching a graduate seminar where the students and I collected over a hundred life interviews from young adults, I was startled to see the dramatic diversity, and increasing confusion, around gender and sexuality among Millennials.

I talked to two groups of young people who will be much hurt by a law that allows anyone to police who can use what bathroom, or who can love whom and when. Transgender people of all ages will be hurt. In my research, every transgender respondent had stories about the trouble they had going to the bathroom, even in states without laws that require gender discrimination. One transman told me that he often leaves an event and  travels a long way home on public transportation before going to the bathroom. As he told me about life as a transman he said “I wait until we get home. We call it the trans bladder. We can wait for hours before going to the bathroom.” Think of the physical pain, holding back the release of urine and excrement to avoid being bullied. And now realize that the states of North Carolina and Mississippi have just more than legitimized such harassment, they have required it by law. What kind of rude culture legitimates bullying? Is this the new meaning of southern hospitality?

Another group of research respondents will also suffer and have thus far remained invisible in the conversation, young people who reject the binary rules of gender. In my interviews I met people who identify as genderqueer: they do not want to be the opposite gender. Instead, they reject the label given at birth entirely as they reject the categories male and female which are irrelevant to their identities… Most, but not all, of these genderqueer young people grew up girls. They are often mistaken for men, but many continue to identify their sex as female, and their gender as queer. They too report already being hassled in restrooms.  Many avoid bathrooms.  One genderqueer respondent told me that she often faces uncomfortable interactions. “Usually they look at me trying to figure out if I am a boy or a girl…they’re like ‘I can’t tell cause she’s got short hair and she wears boy’s clothes, but those lips look kinda feminine. I think she’s got tits under there.” Another person quoted RuPaul “you’re born naked and the rest is drag” as the basis for androgynous self-presentation consciously designed to be neither masculine or feminine.

RuPaul’s view of the world is good sociology. Gender identity is very powerful but how we use gender—dressing or carrying our bodies–to present how we identify ourselves is complicated, ever changing, and culturally specific.   How we choose whom to love, and whether or not they have similar genitals seems the most intimate of decisions, and not good fodder for public policy. It takes very intrusive big government to want to judge intimate relationships. To legitimate harassment of people because of their gender expression hurts not only transgender and genderqueer people, it hurts us all. To legitimate harassment and discrimination on who you love, and whether or not that love is legally sanctioned by a marriage certificate, is not religious, it is hateful. Why should any couple be subject to questioning about their marital status? Why should anyone have to dress conservatively enough to assure vigilante enforcers that they are indeed male or female? How feminine must I dress to look like a woman?

As President of the Southern Sociological Society, and a woman who raised her child in North Carolina, I am proud that my professional association has voted not to meet in any state that discriminates against any of our members. I hope many more businesses and organizations join the boycott. If anyone is at risk for discrimination, we all are.

Barbara J Risman is currently a Fellow at the Center for Advanced Study in the Behavioral Sciences at CASBS. She is a Senior Scholar at the Council on Contemporary Family and  is on-leave from  University of Illinois at Chicago.