It is just naked politics
The whole world (well, OK, North America) is talking about bathroom choice. It is the issue of the day. Nothing surprising in that. It is polarizing and very intense. It is a distraction. Again, nothing new.
AND IT WORKS! It does exactly what the state wants to do with it because the right, including libertarians respond to it exactly as expected. They either submit or go on the defensive.
The left is doing its virtue signaling and righteous posturing while the right is desperately defending its back as it is retreating. The most spectacular manifestation of this are the article in CATO and the podcast discussing the issue.
The Point Neil McCluskey is making is that we can solve the problem by the quasi libertarian policy of school choice.
The only problem with his solution is that there is no problem.
As Bill Whittle points out in his comments, bathroom ‘choice’ is not an issue for post operative transsexuals as nobody can really tell the difference. That’s the idea. They are supposed to look like the rest of the people of their chosen gender. I don’t believe that post-op trans folks are being kicked out of the bathroom of their choice. The issue is not the issue.
Just consider the numbers again. 0.004% of the population minus the ones who are already transitioned.
A few in a million. It is not an issue and it is not the issue.
What McCluskey is missing is that the ‘problem’ does not need a solution. It is an artificial, manufactured problem created to serve political goals.
He is right in saying that a freed system of education would make it a lot more difficult to create problems of this sort. What he is missing is the understanding that School Choice will not happen precisely because it would solve such ‘problems.’
Just as many other libertarian ideas will not see the day of light because they would solve problems created by the state. The left does not do anything that is NOT about the increase if its power.
How can we expect the Federal Government of the USA to give up some of its powers just so that it can lose even more?
Having power over the school system means having the power to advance even the most radical ideas using the most ridiculous excuses.
The issue is not bathroom choice; the issue is not the human rights of the transgender.
It is all about sticking it to the right, about polarizing the debate, about providing their political base with another excuse to get righteous. It is not about solving problems; it is about creating them. It is just naked politics.
Accepting the framework of the debate is capitulating to its agenda.
The right is getting screwed again, but that is not about sex, is it?
We could also make the point that this podcast failed on two fundamental libertarian concepts; group vs individual rights and negative vs positive rights (rights vs privileges).
The transgender wants forced acceptance and accommodation, not rights and they want it as a group, not as individuals. Libertarians should advocate INDIVIDUAL and NEGATIVE rights, not progressive, state supported and enforced societal transformations.