Transgender Bathroom Policy

by Shanee Goldman, age 14
Shanee Goldman is 14 years old. She lives on the Upper West Side and loves to write fiction stories

“It may take a while for all states to allow transgender people to go into the bathroom of their choice, but with enough education on the topic, people’s thoughts may change. The issue that transgender people are discriminated against for using the bathrooms of their gender identity is a worldwide crisis and is a big problem in the world.”

Transgender individuals should be able to use the bathroom that corresponds to their gender identity, or the bathroom that they are most comfortable using. Many states have policies that a person should use a private facility that matches their biological sex. Many people are uncomfortable with that, and that doesn’t just include transgender individuals.

People who are transgender identify differently than what their biological sex is, and may feel comfortable in using the bathroom that people of their gender identity go to. There is a big difference between biological sex and gender identity. Biological sex is the assigned sex a person was given at birth, and gender identity can correlate with assigned sex at birth, or can differ from it. Numerous transgender students feel discriminated against or self-conscious using the bathroom that aligns with their gender identity. Title IX of the 1965 Civil Rights Act protects transgender people from discrimination because of their sex in schools. It states, “No person in the U.S will be discriminated against because of their sex in an education program.” This applies to when a transgender person goes to a bathroom of their gender identity and people discriminate against them because their sex does not match their gender identity. Therefore, it is illegal to discriminate against transgender people and impose what bathrrom they should go to. 

When there is a policy that all people should go to restrooms that are made for people’s sex at birth, people who are not transgender may feel uncomfortable with a transgender person in the bathroom because they look like the gender they identify as. A person should be comfortable in the bathroom that helps them fit in with people who have the same gender identity as them, even if the transgender person doesn’t totally look like the gender they’re transitioning to yet. Using appropriate bathrooms helps an individual with transitioning. A scientific study was taken by Jody L. Herman, the Williams Institute Manager of Transgender Research, and it was found that 70% of transgender and gender noncomforming respondents experienced issues in gender-specific restrooms in Washington, D.C., with people of color and people who have not medically transitioned yet often faring worse than others. 54% of people reported health effects from trying to avoid public bathrooms such as dehydration, kidney infections, and urinary tract infections. In Doe v. Regional School Unit, the Maine Supreme Court held that a transgender girl had a right to use the women’s restroom at school because her psychological well-being and education depended on her transition. The school, which had denied her access to use the women’s restroom, had treated her differently than other students solely because she was a transgender girl. Discrimination lowers a transgender person’s well-being and health, which affects their self-esteem.

Other than gender-specific bathrooms, there are gender-neutral bathrooms; in other words, unisex. Usually, gender-neutral bathrooms are for any gender and are also beneficial for someone of one gender to help someone with a disability who is a different gender. Nonbinary/gender nonconforming people may feel comfortable using a unisex bathroom, so they don’t feel uncomfortable or face discrimination. Although, not all places have a gender-neutral bathroom, which is problematic for many people. If a state doesn’t allow transgender people to use the bathrooms that align with their gender identity, and that person feels uncomfortable going to the bathroom that includes people of their biological sex, they may be able to use a gender-neutral bathroom. Overall, gender-neutral bathrooms are beneficial for many different people.

It may take a while for all states to allow transgender people to go into the bathroom of their choice, but with enough education on the topic, people’s thoughts may change. The issue that transgender people are discriminated against for using the bathrooms of their gender identity is a worldwide crisis and is a big problem in the world.

Works Cited :

Davis, Masen. “Transgender People Need Safe Restrooms.” HuffPost, 24 June 2019, www.huffpost.com/entry/transgender-people-need-safe-restrooms_b_3492067

Ehrenhalt, Jay. “Trans Rights and Bathroom Access Laws: A History Explained.” Teaching Tolerance, 16 October 2018, https://www.tolerance.org/magazine/transgender-bathroom-laws-history