Transgender ‘bathroom bill’ a battle of conflicting rights

None of our rights is absolute. Even our most precious rights have limitations. The First Amendment protections of the free exercise of religion, freedom of speech, and the right to assemble are expansive but hardly unconditional. The proverbial rule against "yelling 'Fire!' in a crowded theater" is a common example of why our individual rights must sometimes be circumscribed for the public good. Some restrictions are needed to secure the rights of all, against the abuses of the few.

We are, however, more frequently faced with "rights in conflict," rather than clear-cut abuses. In balancing competing rights, legislatures sometimes get it wrong.  For example, in 2007, the Massachusetts Legislature passed a so-called "buffer zone" law to limit the free speech rights of pro-life activists in order to ease entrance to abortion facilities. In McCullen vs. Coakley, the United States Supreme Court unanimously held that the Massachusetts law was overly restrictive and violated the free speech rights of peaceful protestors.