The issue of gender identity has become an emerging issue in our society today. Gender identity is an individual’s innermost self-concept: male, female, or even both, commonly known as transgender. Gender identity refers to the gender with which people identify themselves; it can be the same biological sex assigned at birth or a different gender. People who do not identify themselves with their biological sex assigned at birth are known as gender-nonconforming individuals. The issue of gender identity has resulted in the need to regulate school restroom use based on gender identity to consider transgender and gender-nonconforming students. Traditionally school restrooms are constructed, equipped, and used based on the binary gender scheme, which consists of either male or female hence ignoring students who do not fit in the system; transgender and gender-nonconforming students (Eckes 253). However, this issue has resulted in the debate and controversy over regulating school restrooms based on gender identity, considering all students, including gender-nonconforming and transgender students. Therefore, this essay aims to explore the regulation of school restroom use based on students’ gender identity rather than their physiological and biological sex.
Firstly, the lack of restrooms that conform to the gender identity of transgender people negatively affects their social life. Social life is essential for promoting the well-being of students; thus, schools should consider the social life of all students when regulating restroom use. Schools should ensure that all students have equal access to restrooms and other housing facilities that align with their gender identities. Gender-nonconforming and transgender students often face marginalization in schools due to lacking gender identity-aligned restrooms. This, in turn, affects their social life as they have difficulties creating meaningful relationships with their peers. When schools regulate restrooms based on gender identity, it would promote acceptance and reduce discrimination that transgender students face. Schools should consider the social life of all students when regulating restroom use. Such marginalization and discriminations usually affect the marginalized students’ psychological well-being (Philips). For instance, studies state that the lack of gender-identity restrooms and bathrooms in colleges affect transgender and gender-nonconforming students’ social life resulting in detrimental psychological outcomes. Such psychological problems include suicidal thoughts, attempts, and depression because of the sense of non-belonging, significantly affecting the student’s mental health and academic performance. The impacts of discrimination in schools extend to their life after school, where they feel discriminated against in society and their places of employment. Statistics show that about 300000 transgender youth in the U.S. are negatively impacted by the policies which require them to use restrooms based on the gender listed on their birth certificates (Herman). Regulation of school restroom use based on gender identity will help improve the social life of minority groups who do not belong to the traditionally segregated genders.
The traditionally gendered restrooms have facilities depending on the binary gender system. Therefore, transgender students who were given the male gender at birth but still have some female characteristics, like the need to use sanitary towels at times, face a significant challenge when forced to use male restrooms, which do not have the necessary facilities conforming to their needs. For instance, a transgender male student may need to use a urinal, while a transgender female student may need to use a stall with a trashcan to dispose of menstrual products. Such a situation, when not well handled, would negatively affect the well-being of the students. Consequently, the other male students would start to isolate the transgender student resulting in discrimination and stigmatization of the transgender student. It is not only essential to regulate school restroom use based on gender identity but also based on the needs and requirements of the student and the facilities installed in the restroom.
Regulation of school restrooms based on students’ gender identity rather than biological and physiological would promote the safety and privacy of transgender students. Transgender students should be given the right to privacy and a sense of belonging by allowing them to use restrooms that align with their gender identity and are equipped with facilities that align with their gender identity. According to a survey done in Washington, nearly 60% of transgender and gender-nonconforming students have faced harassment and physical assault because of using restrooms that do not align with their gender identity (Eckes 250). Transgender and gender-nonconforming students would not be comfortable using restrooms that do not align with their gender identity. Establishing neutral-gender restrooms in schools would help regulate restroom use without affecting students’ privacy, safety, and social awareness, regardless of gender identity. Facilitating the establishment of neutral gender restrooms would help reduce discrimination against transgender and gender nonconforming students in the schools.
In addition, legal considerations should be implemented to ensure school equality regarding restroom use. Although teachers provide a supportive environment for transgender and gender-nonconforming students, rules and regulations should be revised to include the minority group regarding which restrooms to use. Rules that force minority groups to use restrooms, which do not conform to their gender identity, promote injustice in schools, opening opportunities for stigmatization (Herman n.p). Ensuring policies protect marginalized groups regarding restroom use is one of the best ways to regulate school restroom use based on gender identity. Although government policies are against sex discrimination in schools, the Trump administration left the issue of restroom use by transgender and gender nonconformance students to be decided by specific states and districts. However, various states have passed state anti-discrimination laws that include the prohibition of discrimination based on gender identity, which allows for the regulation of school restrooms based on gender identity. For instance, the District Columbia, Rule 4-802 of the D.C. municipal regulations prohibits all forms of discrimination practices regarding restroom use. The rule allows individuals to use restrooms that align with their gender identity and requires all restroom facilities to have a single-stall restroom that is neutral gender equipped (Hasenbush et al. 77). Moreover, based on the U.S. constitution’s Equal Protection Clause, which prohibits denying an individual the equal protection of the law, forcing students to use restrooms that do not align with their gender identity violates the contributions of the clause. Schools should implement policies that include harsh punishments for students who misuse or violate restroom rights. Nonetheless, schools need to consider the requirements of all students regarding restroom use by creating awareness through education and training programs to educate staff and students on the need to support all students regardless of gender identity and avoid stigmatization.
Opponents criticizing the regulation of school restrooms based on gender identity argue that such regulations will open opportunities for criminal activities such as bullying and rape cases. One’s self can only prove gender identity since a person may be born male but identify as female, causing concerns about other students’ safety if restrooms are to be used based on one’s gender identity. Although some transgender and gender-nonconforming students are easy to identify, others may not be easily identified unless publicly introduced to the other students (Weinhardt et al. 147). Therefore, considering the regulation of school restroom use based on gender identity would increase the chances of moral decay in schools where some male students may use female restrooms and claim to be transgender. Studies state that individuals dressed like women or identifying as female will access women’s restrooms with hidden agendas, invading the other student’s privacy and safety (Davies et al. 890). Regulation of school restrooms based on gender identity would allow students to sneak in the opposite sex/gender with their motives by pretending to be transgender or gender nonconforming students. Furthermore, allowing restrooms based on gender identity may result in immoral behaviour since some students may take the opportunity to use any restroom as they, please.
The goal is to curb discrimination and isolation in schools, and regulating school restroom use based on gender identity would solve the issue. Regulating school restrooms based on gender identity would not increase criminal activities since it is the responsibility of the school administration and law enforcement agencies to curb criminality. Besides, policies and regulations would be implemented to ensure safety and privacy for all students, and those violating the policies would be severely punished. The objective of restroom regulation in schools based on gender identity is to curb discrimination and harassment and enhance the safety of all students, thus promoting equality in schools (Hasenbush et al. 74). Such measures would account for all students, including transgender and gender nonconformance students.
In conclusion, gender segregation is common in school restrooms, which are often constructed and equipped based on the binary gender scheme of either male or female, hence ignoring students who do not fit in the scheme (transgender and gender-nonconforming students). This issue has resulted in the debate and controversy over regulating school restrooms based on gender identity, considering all students, including gender-nonconforming and transgender students. However, there are various considerations surrounding the regulation of school restroom use based on gender identities, such as legal factors, social factors, ethical factors, and privacy concerns. Gender-nonconforming and transgender students often face discrimination, marginalization, and harassment in schools due to the lack of gender identity-aligned restrooms, affecting the marginalized students’ psychological well-being. Establishing neutral-gender restrooms in schools would help regulate restroom use without affecting students’ privacy, safety, and social awareness, regardless of gender identity.
Works Cited
Davies, Adam WJ, Evan Vipond, and Ariana King. “Gender binary washrooms as a means of gender policing in schools: A Canadian perspective.” Gender and Education 31.7 2019: 866–885.
Eckes, Suzanne E. “The restroom and locker room wars: Where to pee or not to pee.” Journal of LGBT youth 14.3 2017: 247–265.
Hasenbush, Amira, Andrew R. Flores, and Jody L. Herman. “Gender identity nondiscrimination laws in public accommodations: A review of evidence regarding safety and privacy in public restrooms, locker rooms, and changing rooms.” Sexuality Research and Social Policy 16.1 (2019): 70-83.
Herman, Jody L. “Gendered restrooms and minority stress: The public regulation of gender and its impact on transgender people’s lives.” Journal of Public Management & Social Policy 19.1 2013: 65.
Philips, Rosemary R. “The Battle Over Bathrooms: Schools, Courts, and Transgender Rights.” Theory in action. 10.4 2017.
Weinhardt, Lance S., et al. “Transgender and gender nonconforming youths’ public facilities use and psychological well-being: a mixed-method study.” Transgender health 2.1 2017: 140–150.
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