The issue of Transgender rights has raised a lot of controversies and debates today. Among them is the issue of the use of locker rooms and bathrooms by transgender individuals which aligns with specific gender identities and has raised many controversies. For some people, transgender individuals should also have the right to use bathrooms and other restrooms that align with their gender identity. Others also believe this would infringe upon the rights and privacy of cisgender individuals. This essay discusses the issue of SexSex and gender in society today, specifically in the LGBTQ. The discussion would look at the laws put or taken out of effect or debated. Either, it will consider the statements or actions of individuals who have generated significant attention from the media regarding LGBTQ.
The issue of LGBTQ can be traced back to 1969 when the Stonewall riotst led to the beginning of the movement. Since then, several individuals and groups have been formed to fight for the rights of LGBTQ followers. Among the common issue were the students having bathrooms that aligned with their gender identification. Although the Trump administration rescinded this issue, sitting as non-ethical, the former administration of Obama issued guidelines where the students who identified themselves as transgender were to have their separate bathrooms aligning with their gender identity (Samar, V. J. (2016).
Today, the issue of transgender bathroom access is being debated. One side argues that denying individuals access to the bathroom of their gender identity can cause emotional and psychological distress, and can even lead to physical harm if they are forced to use the Restroom of their assigned Sex (Barnett et al., 2018). Therefore, they propose that there is a need for transgender individuals to be allowed to have separate bathrooms that align with their gender identity to overcome transgender inequality and discrimination (Karasic, 2016).
The view in favor of transgender bathrooms led to spackling order from the administration of Obama (Samar, 2016). The Justice and Education Department 2016 issued a letter to schools reaffirming the position of the administration regarding the civil rights of all students and also showing their viewpoint against conservative critics, especially North Carolina, who were against the agenda (Karasic, 2016). Although the letter did not carry any force of law, it demonstrated the government’s protections for all transfer students based on Title IX of federal law. In support of this, the Education secretary during the time, John B. King Jr, said that no student should experience being unwelcome in college, school, or campus due to gender identity. The learner’s environment should be free of harassment, discrimination, and violence (Karasic, 2016).
The other side of the debate opposes the need for transgender individuals and argues that allowing individuals of the opposite sex into the bathroom or locker room can cause discomfort and anxiety for cisgender individuals, particularly women and girls (Barnett et al., 2018). According to them, this would infringe upon the rights and privacy of cisgender individuals. Others argue that allowing transgender individuals to use the bathroom of their gender identity could increase sexual assault and harassment (Heffernan, 2017).
The opposing side was also supported by Many republicans and conservative groups like the Christian nonprofit Alliance Defending Freedom (Heffernan, 2017). Additionally, North Carolina Gov. Pat McCrory also opposed Obama’s administration’s stance regarding transgender rights calling it a federal overreach and a blatant disregard for student safety and privacy. This led to the filing of dueling lawsuits in federal courts in North Carolina by McCrory and the Justice Department (Samar, 2016). This is because they were forcing transgender individuals to use bathrooms that correspond to the gender found on their birth certificates instead of that they have chosen themselves.
Possible resolutions can be implemented to bring an amicable solution for both sides. Among these solutions, based on my opinion, is maintaining of status quo for all, whereby individuals must use the bathroom or locker room that aligns with their assigned SexSex at birth (Barnett et al., 2018). This resolution would satisfy those who believe that there is possible harassment for transgender people using bathrooms designed for the opposite SexSex based on their birth gender. It will also cater to those who argue that allowing transgender individuals to use the bathroom of their gender identity infringes upon the rights and privacy of cisgender individuals (Heffernan, 2017). The weakness of this view, however, is that it will perpetuate discrimination and harm against transgender individuals, who may experience emotional and psychological distress if they are forced to use the Restroom of their assigned Sex (Cardinal, H. (2021). They will lose that comfort they desire.
Another solution possible solution based on my view, is to allow transgender individuals to use the bathroom that aligns with their gender identity but to provide additional accommodations for cisgender individuals who may feel uncomfortable or unsafe (Cardinal, 2021). For instance, public facilities such as schools can provide extra rooms for restrooms and bathrooms for anyone who feels uncomfortable using the male or female gender rooms. This resolution will provide additional privacy for these people who feel uncomfortable. Either, it will promote equality and protect the rights of transgender individuals. Finally, this solution would address the concerns of cisgender individuals who may feel uncomfortable sharing a restroom or locker room with another individual of the opposite SexSex.
No solution would give full regard to the views of both sides. For instance, If the status quo is maintained, transgender individuals will continue to face discrimination and harm, while cisgender individuals may feel a sense of safety and privacy. If the second view is maintained, there may be a financial cost to schools and public facilities to construct and maintain these spaces. Either, if no change is made and hence transgender people are allowed to use the Restroom of their gender identity, cisgender individuals may feel uncomfortable or unsafe, and there may be a possible increase in incidents of harassment and sexual assault (Samar, 2016). Therefore, the stakeholders must view which point has the highest weight. I believe having an additional Restroom is the best despite increasing the costs to the concerned institution. Some schools have used this, and it works perfectly (James & Coley, 2023).
In conclusion, there are issues related to gender and Sex, which have spackled different opinions. Among these issues, the biggest issue is transgender bathroom access, which increased public interest to the extent of Obama’s administration intervening. Although this administration accepted it for whatever case, the next government, under President Trump, immediately withdrew the former administration’s ruling. There are two reasons, in my view, that could help in solving the issue. In my first view, the status quo can be mentioned whereby the use of bathrooms and restrooms should be based on the individual gender indicated in the birth certificate. Another solution is having an extra bathroom or Restroom for inclusivity purposes. The former may still be harmful since it might attract harassment while the latter is costly. Therefore, the stakeholders can decide which is the better option.
References
Barnett, B. S., Nesbit, A. E., & Sorrentino, R. M. (2018). The transgender bathroom debate is at the intersection of politics, law, ethics, and science. The journal of the American Academy of Psychiatry and the Law, 46(2), 232-241.
Cardinal, H. (2021). Creating Safe and Inclusive Schools for LGTBQ Students. BU Journal of Graduate Studies in Education, 13(2), 17–21.
Heffernan, N. (2017). Potty Politics: GG Ex Rel. Grimm V. Gloucester county school board, Title IX, and the challenges faced by transgender students under the Trump administration and beyond. Wis. JL Gender, & Soc’y, 32, 215.
James, S., & Coley, J. (2023). Separate but unequal: Revisiting the discussion of trans‐inclusive bathrooms. Sexuality, Gender & Policy, 6(1), 33–46.
Karasic, D. H. (2016). Protecting transgender rights promotes transgender health. LGBT health, 3(4), 245-247.
Samar, V. J. (2016). The right to privacy and the right to use the bathroom are consistent with one’s gender identity. Duke J. Gender L. & Pol’y, 24, 33.
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