The legislation takes aim directly at trans individuals using the restroom or locker rooms, threatening those who “knowingly” and “willfully” enter facilities designated for the “opposite biological sex” with prison time. A first offense would count as a misdemeanor punishable by up to a year in jail. Those caught using the bathroom in repeated offenses, however, could be convicted as felons and face up to five years in prison.
It’ll be interesting to see how this aligns with the Full Faith and Credit clause for someone who updates their birth certificate from another state that allows for that then uses the bathroom that aligns with said certificate.
Right, and what is the documentation that legally expresses that? A birth certificate. Seems really easy to say “I went to the bathroom that aligns with my birth certificate with the good faith intent to follow the law.” People can’t see their genotype or phenotype with their eyeballs, so relying on that document seems the best a lay person can do. Seems a good faith to follow the birth certificate, whatever it may be modified to.
All of that is fair, except for one thing: you absolutely can see phenotype. It being observable characteristics is literally part of the definition. The pheno- prefix has a Greek root meaning to show or display, same origin as in phenomenon. A phenotype is thus categorizing something based on how it appears.