Well, until we develop a litmus test, we are stuck with human judgment. Your objection seems to be based solely on the "No perfect solution" fallacy.
Human judgment as in people in society need to create and use a solution that minimizes the number/severity of errors compared to a perfect solution, yes we need such a solution.
Your solution of asking the teachers and staff to make the judgment call is one such solution. I believe we are in agreement that it is not a perfect solution. However, it is not the only possible solution that has been specified in this thread.
On the
@Metaphor and
@Emily Lake side of the discussion, we have the solution to limit locker room usage by sex and reject any notion from students that their claimed gender identity should give them access to the other sex's locker room. I believe we would agree that this is not a perfect solution.
On the
@Jarhyn side of the discussion, we have the solution to remove the restriction of usage by sex on the locker room entirely and handle any resulting issues as they arise. I don't believe this is a perfect solution, though I don't have a solid indication from you either way as to your thoughts on it.
Since we have at least 3 different possible solutions, none of which are perfect, are they all equally good? No.
For roughly the same reason that while everybody would agree that the court system isn't perfect, nobody here is going to seriously argue that criminal trials should be replaced with rolling a 20-sided die and using the following table to specify results:
20 | Defendant is given $1,000,000 and given a redeemable "Commit 1 Free Crime" card. |
11 or more | Defendant is found not guilty. |
10 or less | Defendant is found guilty. Give standard sentence for crimes accused. |
1 | Defendant is summarily executed by a method randomly chosen from the George Carlin standup routine about the Death Penalty. |
Where human judgment comes in is determining how often a proposed solution gets it right (True Positives, True Negatives), vs getting it wrong (False Positives, False Negatives), and determining how negative it is when it gets things wrong (i.e. The burden of proof is on the prosecution because it is generally believed that it is better that a guilty man go free than an innocent man get imprisoned).
Framed this way, the best possible solution is the one that minimizes the following:
(Likelihood of False Positives for a given solution) * (Negative Effects of a False Positive for a given solution) + (Likelihood of False Negatives for a given solution) * (Negative Effects of a False Negative for a given solution)
Reasonable people can disagree on the values of these parameters, hence reasonable people can come to different conclusions as to which solution is the best one, so long as there isn't a perfect solution.
All of that being said, I'd like to toss another (probably imperfect, but hopefully less so) solution into the thread:
A while back
@SigmatheZeta made a post I found interesting:
Not only that, but transgender people are clearly physiologically different from others. Here you go:
The results of this study show that the white matter microstruc-
ture in FtM and MtF transsexuals falls halfway between that of
FCs and MCs. Our data harmonize with the hypothesis that fiber
tract development is influenced by the hormonal environment
during late prenatal and early postnatal brain development that is
proposed to determine gender identity.
If this is the case and one can make this determination via a MRI or other scan, then why isn't this either a litmus test or the next best thing to one in terms of determining if someone is actually trans?
If it can be used to provide an objective datapoint one can point at when one claims to be trans, then why shouldn't it be used as such?