For some reason, a state representative in Texas believes that they the right to dictate who business owners allow to use the bathrooms on their property. State Rep. Debbie Riddle (R) has introduced two bills that would criminalize the use of bathrooms by transgender people and seek to punish businesses who allow transgender individuals to use their facilities.

The first piece of legislation, H.B. 1747, would amend existing laws in Texas on disorderly conduct by adding a provision for when someone “enters a public restroom that is designated by a sign for members of the opposite sex of the actor.” It specifies that sex is determined by the individual’s driver’s license.

The other bill proposed by Riddle, H.B. 1748, defines gender as what is “established at the individual’s birth” or “established by the individual’s chromosomes.” Chromosomes would be the “tie-breaker” if there is a mismatch. The bill lays out punishments for both the individual entering the facility and the owner or manager that allows the individual to enter the facility.

Apparently, the Texas Republican party was remiss to include property rights as a tenet to the party’s platform.

Think Progress reported on the proposed punishments for breaking each law:

Under HB 1748, it would be a Class A misdemeanor for any individual over the age of 13 to “enter a locker room, shower facility, or toilet facility that is designated for use by persons of a gender that is not the same gender as the individual’s gender.” Under Texas law, a Class A misdemeanor shall be punished by a fine of up to $4,000 and up to a year in jail. The bill creates exceptions only for those serving a custodial purpose, providing medical assistance, or accompanying a young child that is not of the same gender. The bill also targets any “operator, manager, superintendent, or other person with authority over a building,” stipulating that they may not allow anyone to enter a locker room, shower facility, or toilet facility that does not match their gender. Any facility owner who does allow such access has committed a state jail felony. Texas law would dictate a minimum of 180 days in prison with a maximum of two years, as well a fine up to $10,000.

This proposed law is deplorable. Why on earth would a politician believe that they have the right to dictate to a business owner who is permitted to use a restroom or locker room in their facilities? Why would a politician think it is appropriate to force a business to discriminate against transgender people?

Maybe it’s because, at all levels of government, multitudes of laws have been passed with the intention of preventing businesses from discriminating or to outright encourage discrimination if it is intended to halt abhorrent practices.

Many progressives will reply to this article by demanding counter legislation be submitted that requires business owners not to discriminate against transgender individual’s use of facilities in a business. Their answer for government force is more government force coming from a different perspective with which they agree.

Neither application of force is morally acceptable. The use of coercion to halt discrimination or to require a business to discriminate are both equal infringements upon property owners’ rights.

It should be up to the property owner to determine if and when they choose to discriminate. Discrimination is essential to any business. For example, businesses require patrons to wear shirts and shoes in order to make the atmosphere more comfortable and to encourage more customers to patronize the business. Just as business owners are free to discriminate by banning individuals from wearing jeans to a high-end restaurant, customers can discriminate against a business by choosing to eat somewhere else.

This same principle should apply to transgender individuals. They should be entitled to the same treatment under natural law as everyone else in society. If a restaurant feels compelled to check a transgender individual’s driver’s license before they can use the restroom, then they should deal with any consequences. It is the business owners, not the politicians, who deal with their customers on a daily basis and have a vested interest in customer service. They should be allowed to do what pleases their customer base as long as it does not harm an individual or their property.

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