Transgender Identity Bathrooms

The North Carolina Governor Pat McCrory signs the House Bill 2, the Public Facilities Privacy & Security Act, which undo all previous non-discrimination legislation, to ban transgendered individuals from using restrooms which matches their sexual identification. The law asserts that they should instead use the restrooms which matches the gender listed on their birth certificates. Enraged civil liberties groups around the country has decry the move as backwards and one which may put the well-being of transgenders at risk. Transgendered individuals have historically been a small vulnerable subset of the population, they have often been meted with violence and hostility. They are seen as a perversion and a dearth of moral values and evidence of societal degradation. But like any other vulnerable groups in society, they should be protected, not vilified as perverts and deviants.

The Title IX law, a statement that sounds impeccable, paints a picture of security that transgender students crave.

Most don’t explicitly look into the complexity of a transgender person’s life and all the questions or problems one might face: Do I use the men’s or the women’s bathroom? Is it appropriate to use this locker room? Those are only two of the many questions a transgender person might run into on a daily basis because of how others would see the situation, how the people who may have a sneaking suspicion that the woman they saw go into the ladies’ bathroom isn’t actually female by their definition, or how it could also seem strange to see that same person go into the mens’ bathroom. These all lead to dysphoria in any person’s situation in public places due to the fact that many choose to taunt or mock the person; however, with the help of Title IX these questions could start to vanish from the thoughts of many transgender students which Blad exemplifies with a quote in her article:

Kansas passed a bill on Wednesday, March 16, 2016 that denies transgender students from using the restroom, as well as other facilities retaining to gender “when they are in various states of undress” (Committee on Federal and State Affairs, page 1; sec. 2; subparagraph b; lines 8-12), based on their preferred gender and forces them to use the restroom based on their birth sex. This bill was passed by the Committee on Federal and State Affairs in order to protect the privacy of students and to prevent “potential embarrassment, shame and psychological injury to students” (Committee on Federal and State Affairs, page 1; sec. 2; subparagraph f; lines 27-29). This bill also allows for students to sue a transgender student for two-thousand five hundred dollars if they are found in the “wrong” restroom. Forcing the transgender students in Kansas to use the restroom based on biology is wrong because forcing someone to disregard a personal preference to accommodate another is inhumane and has potentially deadly effects.

The School Board will be in violation of Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq., if they do not allow a male that is diagnosed with gender dysphoria and identifies as a female, access to the female restroom. Though the Supreme Court has not ruled on this topic, a Fourth Circuit ruling, the Department of Education and Department of Justice Dear Colleague Letter, and case law regarding transgender students can help enlighten the school board on this topic. An introductory understanding of Title IX of the Educational Amendments of 1972 will assist in this matter. Title IX of the Educational Amendments of 1972 and its regulations prohibit sex discrimination in schools, educational programs and activities that are recipients of Federal funds. Within Title IX it specifically prohibits the discrimination of student’s based on gender identity, including the discrimination of transgender students. Title IX provides: “[n]o person… shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance” 20 U.S.C. § 1681(a).

Gender equality is a pressing issue in the United States. The definition of gender, and the rights that accompany them, is constantly being updated and adjusted. The LBGT community is fighting for equality after being repressed for many years. Because of this sudden movement, social issues are sparking outrage and debate on whether a certain law or right for LBGT people is to be initiated. In many instances, these issues dominate the media, and cause for chaos on both sides of the spectrum. The bathroom controversy exemplifies this. The LBGT community argues that anyone should be able to use whichever bathroom that matches with their identified gender. Members of the LBGT community should not be able to use whatever bathroom they please.

Recently, the issue of allowing transgender people access to public facilities according to the gender they identify with has caused much debate throughout the United States. The bathroom bill seeks to control access to public facilities of transgender individuals, based on the gender they were assigned at birth. In 2015, bills were passed stating entering a bathroom not assigned to a person at birth was a crime. Surrounded by misconception, the bill does “not legalize harassment, stalking, violence, or sexual assault.” Since the bill arose, there have not been a rise in violence or other incidents in the states protecting the transgender rights (Transgender Equality). The bill simply states if one is living as a woman, to use the women’s restroom,

Fear of the unknown causes anxiety, unusual behavior might occur as a result and can have strange effects on people nonetheless fear also can be the motivator.

There are around 1.4 million transgenders around the United States. Through the years there have been debates whether transgender people should be permitted to use bathrooms and locker rooms based on their gender identity. A lot of people are afraid of sharing bathrooms with transgender because there might be people who could take advantage of this law and sexually harass or assault other individuals. The transgender bathroom issues should be a law in every state because transgender people are human beings and their rights should also be protected just like everyone else.

These kind of people want to and will try to make someone’s life as hard as possible simply because they see this subject differently. The simple, daily task of using the bathroom is a breeze for any typical person. Unfortunately, this task comes across as a intimidating adversary to a trans person simply because one can be conflicted with which restroom to use. For many trans people, entering a gender-specific bathroom can be a source of stress and anxiety, because using the restroom can mean very real health and safety concerns. Harassment of trans people in and around gender-specific bathrooms can range from denial of use to police intervention to verbal threats and physical assault.

forcing a state law barring transgender people from using bathrooms in government buildings and public schools that correspond with their gender identity

On May 31st, 2016 an article was written about the use of restrooms for transgender people. This article is another example of not only the amount of discrimination seen in example one, but also about the amount of segregation constantly occurring in the United States to this day. Transgender people are being saw differently from others when they only want to fit in and be themselves. They can only use restrooms according to the sex they were born with. Some places are even starting to make “uni-sex” restrooms. They are not aloud to use the restrooms depending on the gender they changed to. Jim Crows Laws that kept blacks and whites segregated relates to this problem as well. Transgender people are being segregated from everyone else because

However, President Donald Trump is moving to reverse Obama-era guidelines on transgender students' right to use the bathroom of their choice in public schools to no rights at all (Kennedy). Certain schools give transgenders the right to choose the bathroom that they're comfortable in, while in other schools, it is necessary to be on a sex-reassignment plan and to have your sex legally renamed in order to use the bathroom you wish. Yet, there are problems which occur in this, “Schools can only require an assertion of gender transition. Requiring a diagnosis or treatment before a student is considered transgender may be unfair to lower-income students without access to such options, advocacy groups say” (Blad). One thing that many don't consider is the setting of income in which these students have. Another issue is that President Trump’s opinions on transgender students has lost federal protections that allowed them to use school bathrooms which match their gender. “In several cases, schools have opted to allow transgender students to use bathrooms that match their gender identity, but complaints from parents or others in the community have prompted schools to reverse their policies” (Kennedy). Even though some parents may be worried of danger involving creeps and predators, it is important to take into consideration the safety

Some schools have implemented rules that make transgender students use separate changing, showering, and restroom facilities, while others have accommodated these students and allow them use the restrooms that correspond with their

Green, Keith, and Jill LeBihan. "Literature and Psychoanalysis." Critical Theory and Practice: A Coursebook (143-47). 1st ed. London: Routledge, 1995. Print.