The State of North Carolina recently enacted a controversial law limiting the legal rights of “transgender individuals.” The law prevents such persons from using public restrooms that don’t correspond with the gender (male or female) on their birth certificates. (By the way, although the North Carolina law allows private businesses to create their own wash room policies, practically speaking this law is unenforceable. After all, who carries around their birth certificate?) In any case, Tyler Cowen, one of our favorite public intellectuals, has written up a thoughtful post about the N.C. law on his hyper-blog Marginal Revolution. Specifically, he poses the following legal question:
Should there be a legal definition of who is a transgender person and why?