BATHROOMS

Understanding the Bathroom Controversy

It might seem strange that something as simple as the right to use a public bathroom that aligns with your gender could become a controversy, but the issue has prompted a spate of bills and policies aimed at regulating bathroom use. These bills seek to force people use the bathroom that matches their sex assigned at birth, meaning a transgender woman could be required to use a men's bathroom in public. This creates a potentially uncomfortable, humiliating, or unsafe situation for transgender people. Being questioned at the bathroom door is invalidating. Opponents of the bills view this as discriminatory and demand that everybody should be free to choose the bathroom that matches their gender as a basic civil right.

Where are the Bills Coming From?

More than 100 bills have been introduced in 21 states in order to regulate bathrooms and effectively discriminate against transgender individuals. Most of these bills have been written by anti-LGBT organizations that were previously involved in promoting anti-gay marriage legislation and constitutional amendments. Some legislators claim that the bills are a pushback against progressive gender-neutral and gender-inclusive laws and policies, and the federal government's confirmation that discrimination at the bathroom door violates Title VII of the Civil Rights Act. However, in reality, these are the same anti-LGBT groups that failed at denying marriage equality, and they have now turned their attention to bathrooms to try to scare their followers with false information and raise money. Some of these groups are considered hate groups by the Southern Poverty Law Center. 

Many groups, such as the ACLU, the Southern Poverty Law Center, the Transgender Law Center, the Human Rights Campaign, and the Transgender Legal Defense and Eduction Fund have taken up key cases against these discriminatory and harmful laws and bills. This issue is part of a bigger battle for equal rights for all our citizens, although it unfortunately targets young transgender individuals for discrimination.

You are not alone in this. Many, many people are fighting against the hate and bigotry that is behind these bills. Few of the bills have become state law, and more and more courts are agreeing that these laws, when enacted, are discriminatory. Over time, as more people understand what being transgender and gender nonconformity are, and get to know more transgender individuals, there will likely be less hysteria around bathroom use and everone will be able to use them in peace as they have been doing for many years.