tag:theconversation.com,2011:/us/topics/gender-neutral-bathrooms-22743/articlesGender-neutral bathrooms – The Conversation2023-06-21T13:52:42Ztag:theconversation.com,2011:article/2074472023-06-21T13:52:42Z2023-06-21T13:52:42ZBathrooms are political: how gender-inclusive toilets can combat indignity and violence<figure><img src="https://images.theconversation.com/files/531679/original/file-20230613-22-8i55jf.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><span class="source">Swasdee/Getty Images</span></span></figcaption></figure><p>A new hate crimes bill is inching <a href="https://ewn.co.za/2023/03/14/national-assembly-passes-bill-to-criminalise-hate-speech-and-hate-crimes">closer</a> to the possibility of becoming law in South Africa. The <a href="https://www.justice.gov.za/legislation/hcbill/B9-2018-HateCrimesBill.pdf">bill</a> entrenches human dignity as a foundational value of the country by providing for penalties for explicit acts of violence and discrimination motivated by prejudice and intolerance.</p>
<p>However, prejudice and intolerance can also be expressed and experienced in everyday ways that are often taken for granted. The bill does not necessarily acknowledge this. It’s crucial to acknowledge that acts of discrimination happen not only in obvious forms of hate speech and violence in public spaces. They also happen in the everyday private spaces that form part of our homes, faith spaces, workplaces and, in particular, the bathrooms available in these spaces. </p>
<p>As <a href="https://www.psyssa.com/divisions/sexuality-and-gender-division-sgd/">psychologists</a> and <a href="https://orcid.org/0000-0001-7406-147X">scholars</a> working in the fields of sexualities and gender in a country with high levels of <a href="https://books.google.co.za/books/about/Rape.html?id=72NcjgEACAAJ&redir_esc=y">gender-based violence</a>, we are sensitive to the anxieties of all people and, in particular, women, who voice an almost omnipresent sense of the <a href="https://www.tandfonline.com/doi/abs/10.1080/17450101.2021.1942171">threat</a> of violence in public spaces. But we’ve also come to <a href="https://www.tandfonline.com/doi/abs/10.1080/10130950.2017.1369717">understand</a> that people whose gender appearance may be “non-normative” often feel unsafe in public bathrooms.</p>
<p>As the debate around gender-inclusive toilets rages around the world, we argue that shared bathrooms create more inclusive societies that ultimately protect human dignity.</p>
<h2>Bathrooms are public-private spaces</h2>
<p>The bathroom, a seemingly private yet inherently public space, has become subject to intense scrutiny. Especially regarding the rights of trans and gender diverse individuals, both in <a href="https://www.iol.co.za/capeargus/news/petition-against-unisex-bathrooms-at-schools-garners-thousands-of-signatures-cf9c8046-27d6-4ec1-9729-b4d6316177db">South Africa</a> and <a href="https://www.pbs.org/newshour/show/more-states-consider-bills-limiting-which-bathroom-trans-people-can-use">abroad</a>. (A transgender person identifies with a gender different from that of their sex that’s assigned at birth. A gender diverse person has a gender identity or expression that’s at odds with what’s perceived as being the social norm.)</p>
<p>The public bathroom has become a lightning rod for a general social anxiety about safety and gender. Are women safe if a trans woman uses the same bathroom? What does it mean to the gender (and indeed sexuality) of men if a trans man uses the “men’s bathroom”? Aren’t children at risk if anyone can “decide” they are trans and walk into a public bathroom? Why can’t we keep things simple and make people go to the bathroom according to their sex assigned at birth? </p>
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<a href="https://theconversation.com/how-did-public-bathrooms-get-to-be-separated-by-sex-in-the-first-place-59575">How did public bathrooms get to be separated by sex in the first place?</a>
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<p>It’s in this context of moral and personal panic, we argue, that in fact it’s trans and gender diverse people who are most at risk of a “quiet violence” as they attempt to access and navigate these everyday spaces.</p>
<p>This discrimination is “quiet” because it does not appear as the kind of overt act of violence that the hate crimes bill seeks to legislate against, such as a transphobic slur or assault. However, it remains a form of violence because trans and gender diverse people <a href="https://www.tandfonline.com/doi/abs/10.1080/10130950.2017.1369717">feel</a> policed and threatened navigating these spaces.</p>
<h2>Bathrooms as political arenas</h2>
<p>Bathrooms hold more than a functional purpose; they’re historically significant sites of overt and covert political struggles. Throughout social justice movements worldwide, bathrooms have played pivotal <a href="https://www.pennlive.com/news/2016/05/bathrooms_culture_wars_front_l.html">roles</a>. In the US, bathrooms became contested <a href="https://books.google.co.za/books?id=dQO5DwAAQBAJ&pg=PA235&dq=history+of+bathroom+struggles+in+the+united+states&hl=en&newbks=1&newbks_redir=0&sa=X&ved=2ahUKEwjk17-ym77_AhUMBcAKHYYUB_8Q6AF6BAgJEAI#v=onepage&q&f=false">spaces</a> during civil rights movements for women’s rights, desegregation and disability rights.</p>
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<a href="https://images.theconversation.com/files/531956/original/file-20230614-27-g23dqy.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="Two people of colour pass an entrance to a public facility that has a large sign above it reading " src="https://images.theconversation.com/files/531956/original/file-20230614-27-g23dqy.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=237&fit=clip" srcset="https://images.theconversation.com/files/531956/original/file-20230614-27-g23dqy.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=843&fit=crop&dpr=1 600w, https://images.theconversation.com/files/531956/original/file-20230614-27-g23dqy.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=843&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/531956/original/file-20230614-27-g23dqy.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=843&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/531956/original/file-20230614-27-g23dqy.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=1059&fit=crop&dpr=1 754w, https://images.theconversation.com/files/531956/original/file-20230614-27-g23dqy.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=1059&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/531956/original/file-20230614-27-g23dqy.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=1059&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
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<span class="caption">South Africa, 1977.</span>
<span class="attribution"><span class="source">Andrzej Sawa/Sunday Times/Gallo/Getty Images</span></span>
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<p><a href="https://www.sahistory.org.za/article/history-apartheid-south-africa">Apartheid</a> also <a href="https://www.whiteswritingwhiteness.ed.ac.uk/traces/reservation-of-separate-amenities-act-1953/">enforced</a> strict policing and segregation of public amenities including swimming pools, beaches and toilets. This perpetuated institutionalised racism and a disregard for the dignity and worth of people of colour. </p>
<p>This legacy <a href="https://ccs.ukzn.ac.za/files/amisi%20nojiyeza.pdf">endures</a> in historically marginalised communities, where the “<a href="https://www.statssa.gov.za/?p=15574">bucket system</a>” (non-flush toilets where a bucket is used to collect waste), <a href="https://www.news24.com/news24/southafrica/news/body-of-4-year-old-girl-found-in-eastern-cape-school-pit-toilet-20230309">pit latrines</a> and <a href="https://theconversation.com/flushing-toilets-arent-the-solution-to-south-africas-sanitation-problem-194768">inadequate sanitation facilities</a> persist.</p>
<h2>The gendered nature of bathrooms</h2>
<p>Choosing between “men’s” and “women’s” bathrooms subjects an individual to a normative system that organises and disciplines their body based on a sex-segregated understanding of gender. </p>
<p>This system enforces a binary of gender, defined solely by two biological sexes – male and female. For trans and gender diverse individuals, selecting a bathroom becomes a calculation of self-preservation. This requires <a href="https://www.tandfonline.com/doi/full/10.1080/0966369X.2015.1073699?src=recsys">self-surveillance</a> in an effort to minimise the likelihood of <a href="https://galop.org.uk/resource/transphobic-hate-crime-report-2020/">harassment</a> and violence for deviating from normative gender presentations.</p>
<h2>Violence and discrimination in bathrooms</h2>
<p>Bathrooms are often <a href="https://academic.oup.com/hsw/article-abstract/46/4/260/6378750">reported</a> to be distressing spaces for trans and gender diverse individuals, becoming sites where they experience discrimination and exclusion. Occupying gendered facilities can <a href="https://www.tandfonline.com/doi/full/10.1080/10538720.2021.1920539?src=recsys">lead</a> to discomfort, verbal abuse and physical assault. Being forced to “hold in” basic biological functions can also <a href="https://psycnet.apa.org/record/2016-35588-001">result</a> in health problems.</p>
<p>Calls for these individuals to use bathrooms aligned with their assigned sex at birth don’t only demonstrate the binary model of gender. They are discriminatory and foster <a href="https://onlinelibrary.wiley.com/doi/abs/10.1002/casp.851">conditions</a> that perpetuate violence, confusion and negative attitudes towards trans individuals. It’s crucial to recognise that violence against trans and gender diverse people is often overlooked. </p>
<h2>Ensuring recognition and safety</h2>
<p>It’s critical to acknowledge women’s concerns regarding the prospect of sexual assault in using gender-inclusive bathrooms. It’s equally crucial to challenge the notion that bodies assigned male at birth are inherently violent and that safety can only be guaranteed through gender-specific or sex-segregated bathroom arrangements. </p>
<p>Studies from <a href="https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9407760/">Australia</a>, the <a href="https://journals.sagepub.com/doi/pdf/10.1177/1948550617737601?casa_token=vK1Yv9s3sAkAAAAA:dDCHBNWF8DmsYge3J8CB5cFXlYZBvOHVIrjM7PD8MkSt6vgCaeoK6Mj95LucYLhlfqKrjGfiz9xr8xk">US</a> and the <a href="http://shura.shu.ac.uk/21258/1/Around%20the%20Toilet%20Report%20final%201.pdf">UK</a> have suggested that gender-inclusive facilities do not compromise <a href="https://link.springer.com/article/10.1007/s13178-018-0335-z">safety</a> or privacy. </p>
<p>In fact, they serve as <a href="https://escholarship.org/uc/item/19r9v71k">catalysts</a> for social change, challenging binary constructs and debunking the notion of inherent male violence. Reducing violence to a specifically gendered body overlooks the <a href="https://link.springer.com/referenceworkentry/10.1007/978-1-4614-5583-7_605">complex</a> social psychology of violence, which is rooted in gendered power asymmetries, control and dehumanisation.</p>
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Read more:
<a href="https://theconversation.com/lgbtiq-learners-at-risk-in-south-africa-as-conservative-christian-groups-fight-plans-for-safer-schools-194823">LGBTIQ learners at risk in South Africa as conservative Christian groups fight plans for safer schools</a>
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<p>By recognising the discrimination that trans and gender diverse people face in these spaces and implementing new gender-inclusive bathroom arrangements which accommodate all people, we believe that inclusive societies can challenge harmful assumptions and contribute to the cause of dignity for all.</p>
<p><em>This article was revised.</em></p><img src="https://counter.theconversation.com/content/207447/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Jarred H Martin sits on the Executive Committee for the Sexuality and Gender Division of the Psychological Society of South Africa. </span></em></p><p class="fine-print"><em><span>Pierre Waldemar Brouard is affiliated with the Sexuality and Gender Division of the Psychological Society of South Africa and is a board member of the Professional Association of Transgender Health South Africa.</span></em></p>Studies show unisex toilets don’t lead to violence – and they create a safer space for gender diverse people.Jarred H Martin, Senior Lecturer in Clinical Psychology, University of PretoriaPierre Waldemar Brouard, Acting director of the Centre for Sexualities, AIDS & Gender, University of Pretoria, University of PretoriaLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/1016772018-09-13T20:34:25Z2018-09-13T20:34:25ZGender diversity is more accepted in society, but using the pronoun ‘they’ still divides<figure><img src="https://images.theconversation.com/files/234718/original/file-20180904-41735-a8fxix.png?ixlib=rb-1.1.0&rect=263%2C0%2C3371%2C2000&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">
</span> <span class="attribution"><span class="source">Wes Mountain/The Conversation</span>, <a class="license" href="http://creativecommons.org/licenses/by-nd/4.0/">CC BY-ND</a></span></figcaption></figure><p>In recent months, there has been much heated discussion about the way gender-neutral pronouns (they, them, theirs) are being introduced as alternatives to the more conventional “he” and “she” in offices, schools and public institutions. </p>
<p>Earlier this year, for instance, <a href="https://www.news.com.au/finance/business/travel/qantas-staff-told-to-avoid-gender-inappropriate-terms-like-wife-and-husband/news-story/068e9769c30a180b182ab8020a2d0e50">Qantas</a> encouraged staff to adopt gender-inclusive language with customers, using the term “partner” instead of “husband” or “wife”. </p>
<p>The Victorian state government backed a similar <a href="https://www.vic.gov.au/equality/inclusive-language-guide.html">initiative</a> for public servants, and the Department of Health and Human Services’ Pride Network launched a <a href="https://www.sbs.com.au/news/they-day-victorian-government-backs-gender-neutral-pronouns">“They Day” campaign</a> on the first Wednesday of each month to encourage awareness of gender-neutral pronouns.</p>
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<p>And last year, the Australian Defence Force <a href="http://www.defence.gov.au/ADFA/Docs/%20LGBTI_Guide.pdf">issued a guide</a> with recommendations on how to appropriately address gender-diverse members of the force.</p>
<p>Some critics argue that these language changes are radical and politically motivated, and are being forced upon unwilling employees. </p>
<p>After the ADF launched its guide on gender-neutral language choices, The Telegraph <a href="https://www.dailytelegraph.com.au/news/nsw/australian-defence-force-guide-bans-soldiers-from-saying-him-and-her-to-avoid-lgbti-offence/news-story/2f1ab6ee4d4285d0da17d2f6186062f2">claimed</a> the organisation was banning the use of “him” and “her” – an assertion the ADF quickly <a href="https://www.outinperth.com/defence-forces-denies-plans-ban-words/">dismissed</a>.</p>
<p>Australian universities were also <a href="https://www.sbs.com.au/news/universities-reject-claims-of-banning-gender-specific-language">forced to defend</a> the launch of similar guides for staff and students after another <a href="https://www.dailytelegraph.com.au/news/nsw/university-of-sydney-insists-on-nondiscriminatory-language-even-if-it-is-grammatically-wrong/news-story/bac401778e67d5fc68fb29f8bb4c1758">Telegraph story</a> accused them of banning the words “mankind” and “manpower”.</p>
<p>There’s been vocal opposition to these moves from Liberal leaders, as well. The new deputy leader, Josh Frydenberg, <a href="https://www.theaustralian.com.au/national-affairs/they-day-slammed-as-political-correctness-gone-mad/news-story/f22001647b589da6046e2e3faae478c7">dismissed “They Day”</a> as “political correctness gone mad”, while Home Affairs Minister Peter Dutton decried “invading the minds of young people with this sort of garbage message.”</p>
<h2>Increasing acceptance in society</h2>
<p>Guides for respectful and inclusive language protocols are not new, nor are they aimed at erasing existing gender-specific pronouns. </p>
<p>The debate over gender-neutral language actually dates back to the mid-1980s, when ungendered job titles became more popular (for example, “firefighters” instead of “firemen”) and the pronouns “he/she” or “they” began appearing in texts instead of default “he” when the gender of the person being referred to is not known. </p>
<p>In recent years, the use of the pronoun “they” to refer specifically to non-binary people has become increasingly accepted by media outlets. The Washington Post, for example, <a href="https://www.poynter.org/news/washington-post-will-allow-singular-they">updated</a> its style guide in 2015 to include singular “they” for people who identify as neither male or female. The New York Times has <a href="https://observer.com/2015/11/the-new-york-times-adds-mx-to-the-honorific-mix/">introduced</a> the new honorific Mx. And the Associated Press followed with <a href="https://www.cjr.org/language_corner/stylebooks-single-they-ap-chicago-gender-neutral.php">its own change</a> to the venerable AP Stylebook last year. </p>
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Read more:
<a href="https://theconversation.com/friday-essay-transgenderism-in-film-and-literature-71809">Friday essay: transgenderism in film and literature</a>
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<p>Not only does incorporating gender-neutral pronouns into the public sphere allow for more inclusivity, it can also bring standardisation to government functions, such as official documents and surveys (such as the census). </p>
<p>This enables more accurate self-identifications and brings greater visibility to previously unseen (and uncounted) groups of gender-diverse people.</p>
<p>The 2016 census was the first to allow an option for gender other than male or female on a special online form. The ABS provided the online form to a pilot group of 30,000 households to test their reactions. Gender-diverse people outside the pilot group were also able to access the form, but only if they sought it out on their own. </p>
<p>In total, 1,260 people in Australia were counted as gender diverse, but the ABS <a href="http://www.abs.gov.au/ausstats/abs@.nsf/Lookup/by%20Subject/2071.0%7E2016%7EMain%20Features%7ESex%20and%20Gender%20Diversity%20in%20the%202016%20Census%7E100">acknowledges</a> this was probably lower than the actual figure due to fear of stigma and lack of widespread awareness over the new self-identifying option.</p>
<p>Still, the ABS found people in the pilot were over 50 times as likely as those outside the pilot to identify as gender diverse. Arguably, this suggests that simply offering the new option will provide an incentive for all gender-diverse people to choose how they are categorised and counted.</p>
<h2>Higher counts in other surveys</h2>
<p>Perhaps not surprisingly, there’s increasing acceptance of gender diversity among young people. In the US, a 2017 <a href="https://www.glaad.org/blog/new-glaad-study-reveals-twenty-percent-millennials-identify-lgbtq">report</a> by GLAAD indicated that 12% of Millennials (aged 18-35) identify as transgender or gender non-conforming – double the percentage of people in Generation X (people aged 35-51). </p>
<p>In 2016, <a href="https://www.jwtintelligence.com/2016/03/gen-z-goes-beyond-gender-binaries-in-new-innovation-group-data/">research</a> by the trend-forecasting Innovation group also found that 56% of American Gen Zers (aged 13-20) know someone who uses gender-neutral pronouns. </p>
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Read more:
<a href="https://theconversation.com/more-australian-trans-stories-on-our-tv-screens-please-88556">More Australian trans stories on our TV screens, please</a>
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<p>In our 2016 <a href="https://scrollingbeyondbinaries.com/">national survey</a> of more than 1,200 young people aged 16-35, we found a proliferation of gender-diverse identities on <a href="https://theconversation.com/theres-something-queer-about-tumblr-73520">online platforms like Tumblr</a>, where discussion of gender non-conformity is the norm and the possibility of curating multiple identities is routine. </p>
<p>Overall, 20% of our participants identified as non-binary or chose to define their own gender identities as “other” than male or female.</p>
<h2>Slowly adapting bureaucracy</h2>
<p>Despite these changes, some workplaces, schools and social service providers have been slow to embrace change and provide exclusive spaces for gender-diverse people. </p>
<p>For example, bathrooms remain overwhelmingly binary and inflexible. Part of the problem are inconsistencies in the laws and policies at the state and national level and between organisational stakeholders. For example, sporting bodies such as AFL, NRL and Cricket Australia defer to <a href="https://www.theaustralian.com.au/news/nation/transgender-push-for-genderneutral-bathrooms-at-sports-grounds/news-story/808d7186629ae8c45f9bc9996d2fa2ee">individual venues</a> to make decisions on gender-neutral spaces. </p>
<p>There are obstacles to accommodating gender diversity in official identification documents, as well. In Australia, we have a mix of approaches for gender registration, with passports and marriage certificates dealt with at the Commonwealth level, while birth certificates are issued by states and territories. </p>
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Read more:
<a href="https://theconversation.com/using-she-and-he-reinforces-gender-roles-and-discrimination-of-women-92998">Using 'she' and 'he' reinforces gender roles and discrimination of women</a>
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<p>Gender-diverse people have been able to <a href="https://www.sbs.com.au/news/new-passports-allow-third-gender">choose an “X” category</a> in passports since 2013 (with supporting documentary evidence from a doctor or psychologist). But changing one’s gender on birth certificates is still only possible in ACT, NSW and SA. (It’s also currently being <a href="http://www.starobserver.com.au/news/national-news/queensland-news/qld-gender-neutral-birth-certificates/168005">debated in Queensland</a>.) </p>
<p>These difficulties in reconciling different forms of identification can act as barriers to employment, accessing medical treatment and higher education and travelling internationally. </p>
<p>Social change can be facilitated by making new categories available, whether that’s in architectural design (gender-neutral bathrooms) or digital infrastructures (non-binary options for official documents and surveys). </p>
<p>Using the pronoun “they” or allowing for more gender options in the public sphere isn’t political correctness gone awry. It’s just a small shift in the evolution of how we understand, categorise and define gender. </p>
<p>Most people inhabit multiple identities during their lives, such as daughter, student, professional and mother. The contradictions between some of these categories are evident in our online profiles - for example, we display a different version of ourselves on LinkedIn compared with Facebook or Instagram. </p>
<p>Gender is just another type of identity. We shouldn’t restrict this to binary terms, but rather embrace the diversity of all the perfectly valid “in-betweens”.</p><img src="https://counter.theconversation.com/content/101677/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Son Vivienne does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Allowing for more gender options in the public sphere isn’t political correctness gone awry. It’s just a small shift in the evolution of how we understand, categorise and define gender.Son Vivienne, Post-Doctoral Research Fellow, RMIT UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/711232017-01-30T03:52:30Z2017-01-30T03:52:30ZHow anti-LGBT laws foster a culture of exclusion that harms states’ economic prosperity<p>When it comes to “bathroom bills” and other legislation that curtails the rights of lesbian, gay, bisexual and transgender (LGBT) individuals, North Carolina was a first actor. But, if some lawmakers have their way, many states, and even the federal government, will quickly follow suit. </p>
<p>So far this year, 11 states have proposed <a href="http://www.ncsl.org/research/education/-bathroom-bill-legislative-tracking635951130.aspx">legislation</a> requiring people to use bathrooms in government buildings, public schools and public universities consistent with the sex assigned on their birth certificate. The issue is hardly new, and lawmakers in these and other states have proposed similar bills in the past. Only one, North Carolina, however, <a href="http://www.ncsl.org/research/education/-bathroom-bill-legislative-tracking635951130.aspx">has managed to pass such a law</a>, having done so in 2016. </p>
<p>Other states, like <a href="https://www.aclu-wy.org/en/news/legislature-introduces-wyoming-government-discrimination-act">Wyoming</a>, have proposed legislation that allows discrimination against the LGBT community on religious grounds. This bill also forbids government agencies from passing nondiscrimination bills or ordinances. </p>
<p>At the federal level, Republican Texas Sen. Ted Cruz <a href="http://www.latimes.com/opinion/opinion-la/la-ol-first-amendment-defense-act-trump-20170106-story.html">recently announced</a> that he would reintroduce the <a href="https://www.congress.gov/bill/114th-congress/house-bill/2802">First Amendment Defense Act</a>. This bill would prohibit the government from punishing business owners who discriminate against LGBT individuals based on their religious beliefs or moral convictions. </p>
<p>Despite the fervor surrounding these bills, there are a host of problems associated with them. To borrow from Chuck Smith, executive director of <a href="https://www.equalitytexas.org/">Equality Texas</a>, <a href="https://www.texastribune.org/2017/01/05/texas-lt-gov-dan-patrick-unveils-so-called-bathroo/">discriminatory laws</a> like these are “morally bankrupt and wrong.” </p>
<p>Beyond such moral objections, these bills also carry a host of economic, health and other consequences, as North Carolina has learned. Research in the area of regional economic development, and my own work with sport organizations, shows how laws such as these send a message of exclusion, drive away creative people and, ultimately, hurt workplace creativity and performance. As a result, long-term economic prosperity suffers. </p>
<h2>Protection of people</h2>
<p>Proponents of so-called bathroom bills tend to argue that they’re trying to stop sexual predators and would-be child molesters from abusing local laws that allow trans people to use the restroom of the gender with which they identify. However, there is a <a href="http://psychology.ucdavis.edu/rainbow/html/facts_molestation.html">no scientific evidence</a> linking members of the LGBT community with child molestation. </p>
<p><a href="http://abcnews.go.com/US/sexual-assault-domestic-violence-organizations-debunk-bathroom-predator/story?id=38604019">Others</a> suggest that men would pretend to be trans so they might be able to assault women and children in women’s restrooms. These fears are not supported by statistics, however, as communities that have inclusive bathroom policies have not witnessed a rise in assault cases. </p>
<p>Thus, the underlying premise – protection of people – is based on outdated stereotypes, faulty science and zero evidence. Rather, <a href="http://www.theatlantic.com/politics/archive/2016/05/hb2-is-a-constitutional-monstrosity/482106/">discriminatory laws</a> tend to cause harm, in terms of health and well-being. </p>
<p>Researchers have shown that trans individuals who face discrimination are more likely than their peers to <a href="http://www.tandfonline.com/doi/pdf/10.1080/00918369.2016.1157998">attempt suicide</a>. Further, when trans individuals cannot use the restroom that matches their gender identity and expression, they are likely to be <a href="http://williamsinstitute.law.ucla.edu/wp-content/uploads/Herman-Gendered-Restrooms-and-Minority-Stress-June-2013.pdf">harassed and abused</a>.</p>
<h2>Economic costs</h2>
<p>But beyond these moral and health-related consequences, there are real economic damages associated with “bathroom bills” and other forms of “legal” discrimination.</p>
<p>North Carolina experienced as much when it passed its legislation in 2016. <a href="http://www.esquire.com/news-politics/news/a43931/north-carolina-anti-lgbt-law-boycott/">Scores</a> of businesses and entertainers either canceled upcoming events or opted to forgo moving their business operations to the state in the future. According to Forbes, the end result was a <a href="http://www.forbes.com/sites/corinnejurney/2016/11/03/north-carolinas-bathroom-bill-flushes-away-nearly-1-billion-in-business-and-governor-mccrorys-re-election-hopes/#536cc046eb5c">US$600 million economic loss</a>, including tax revenue, directly attributable to law. These effects are consistent with <a href="http://www.jec.senate.gov/public/_cache/files/42dc59a0-6071-46d0-8ff2-9bd7a6b0077f/enda---final-11.5.13.pdf">research</a> showing that discriminatory laws undermine economic growth. </p>
<p>Not surprisingly, a number of economists have forecast similar economic peril for states considering discriminatory laws. In Texas, for example, an <a href="http://www.dallasnews.com/opinion/commentary/2017/01/10/texas-transgender-bathroom-bill-unnecessary-disaster">economic impact study</a> conducted by the Texas Association of Businesses estimated an $8.5 billion loss in GDP. </p>
<p>The loss of major events represents a possibility. For example, San Antonio is slated to host the National Collegiate Athletic Association Men’s Final Four basketball championships in 2018, with an expected economic impact of almost $240 million. <a href="https://mobile.nytimes.com/2017/01/14/sports/ncaabasketball/texas-transgender-bill-final-four-san-antonio.html?smid=tw-nytsports&smtyp=cur&_r=0&referer=">That could be in jeopardy</a> if the bill is passed. The NCAA moved championship events out of North Carolina after its bathroom bill became law.</p>
<h2>How exclusion impairs prosperity</h2>
<p>These discussions of the adverse economic impact of discriminatory laws still miss a crucial point: Governments that signal a lack of inclusiveness pass on indirect costs to affected states, cities and businesses. </p>
<p>That’s because businesses, entertainers and major events tend to want to <a href="https://theconversation.com/when-did-che-guevara-become-ceo-the-roots-of-the-new-corporate-activism-64203">reward and associate with inclusive entities</a> and avoid those that exclude. While this might not have been the case even 20 years ago, <a href="http://www.pewresearch.org/packages/lgbt-in-changing-times/">shifting societal attitudes</a> toward LGBT inclusion necessitate a strategic shift. </p>
<p>This pattern is seen in several ways. </p>
<p>First, organizations recognized for inclusion of LGBT individuals outperform their less inclusive peers in terms of <a href="http://onlinelibrary.wiley.com/doi/10.1002/hrm.20341/full">stock price returns</a>. This suggests that investors acknowledge the value of having policies and practices that are inclusive. </p>
<p>Noted University of Toronto professor and urban studies theorist Richard Florida developed a framework, <a href="http://creativeclass.com/rfcgdb/articles/4%20Cities%20and%20the%20Creative%20Class.pdf">creative capital theory</a>, that sheds further light on the topic. This perspective suggests that attracting creative people is key to generating regional economic development. <a href="https://books.google.com/books?hl=en&lr=&id=_f0WBQAAQBAJ&oi=fnd&pg=PR7&dq=richard+florida&ots=I5f4TuURX3&sig=aef_OSb9JwS5CsCyKDAQmKUbvA4#v=onepage&q=richard%20florida&f=false">Creative people</a> are most likely to move to a region when that space is marked by an influx of technology, talented individuals and an inclusive culture.</p>
<p>As trans and other individuals regularly face prejudice and discrimination, regions that are inclusive of LGBT individuals are likely to be inclusive of all kinds of differences – something that is appealing to creative individuals. And, as it is creative individuals who drive the <a href="https://books.google.com/books?hl=en&lr=&id=_f0WBQAAQBAJ&oi=fnd&pg=PR7&dq=richard+florida&ots=I5f4TuURX3&sig=aef_OSb9JwS5CsCyKDAQmKUbvA4#v=onepage&q=richard%20florida&f=false">regional economic engine</a>, it is no wonder that places that have seen tremendous economic growth are also the ones most likely to be marked by LGBT inclusiveness. </p>
<p>Third, my colleagues and I have applied Florida’s ideas to the organizational level of analysis, with a particular focus on the sport and physical activity setting. Consistent with patterns seen at the regional level, we have observed that LGBT-inclusive organizations have <a href="http://www.tandfonline.com/doi/abs/10.1080/00918369.2011.598413">creative workplace cultures</a> and, subsequently, outshine their peers on objective measures of success, such as the <a href="https://www.researchgate.net/profile/George_Cunningham3/publication/251677210_The_LGBT_advantage_Examining_the_relationship_among_sexual_orientation_diversity_diversity_strategy_and_performance/links/557a079208ae75363756fcd3.pdf">performance of their teams</a>. Our <a href="http://search.proquest.com/docview/1514693594?pq-origsite=gscholar">experimental work</a> shows that people are likely to patronize organizations that signal LGBT inclusiveness. This is largely due to the consumers’ belief that such organizations embrace diversity in other areas, such as race and gender. </p>
<p>Finally, the reaction to North Carolina’s law shows that companies want to be associated with inclusive policies. As the old adage goes, “you are known by the company you keep.”</p>
<p>People frequently make <a href="http://www.tandfonline.com/doi/pdf/10.1362/026725704323080498?needAccess=true">cognitive linkages</a> between companies and the entities with which they are associated. This is why, for example, many companies will seek celebrity endorsers, as they anticipate that the positive feelings fans assign to the celebrities are transferred to the organization itself. </p>
<p>These same dynamics occur when companies or events are linked with negative associations. But in this case, those associations hurt the companies and events involved. </p>
<p>Thus, when groups have events in states that are discriminatory toward LGBT individuals, there’s a natural concern that they’ll get tarred with the same brush. And that’s why sport organizations like the NCAA or the <a href="https://www.nytimes.com/2016/07/22/sports/basketball/nba-all-star-game-moves-charlotte-transgender-bathroom-law.html?_r=0">National Basketball Association </a>, entertainers such as <a href="http://brucespringsteen.net/news/2016/a-statement-from-bruce-springsteen-on-north-carolina">Bruce Springsteen</a> and businesses like <a href="http://www.theatlantic.com/politics/archive/2016/03/the-backlash-to-north-carolinas-lgbt-non-discrimination-ban/475500/">Dow Chemical</a> all sought to distance themselves from North Carolina and would likely do so in Texas if legislators turn Patrick’s bill into law.</p>
<p>Conservative lawmakers may continue to ignore this evidence and try to pass laws that legalize discrimination, but they do so at great risk to their economies – not to mention the health and well-being of many of their citizens. </p>
<img src="https://counter.theconversation.com/content/71123/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>George B. Cunningham does not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>Conservative lawmakers are proposing ‘bathroom bills’ and other measures that discriminate against LGBT individuals. Beyond the moral concerns, there are large economic costs as well.George B. Cunningham, Professor and Associate Dean, Texas A&M UniversityLicensed as Creative Commons – attribution, no derivatives.tag:theconversation.com,2011:article/508312015-11-19T11:16:18Z2015-11-19T11:16:18ZExplainer: Why transgender students need ‘safe’ bathrooms<figure><img src="https://images.theconversation.com/files/116797/original/image-20160330-28483-1xb0cki.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=496&fit=clip" /><figcaption><span class="caption">What's the fuss over gender-neutral bathrooms?</span> <span class="attribution"><a class="source" href="https://www.flickr.com/photos/denverjeffrey/6859753101">Jeffrey Beall</a>, <a class="license" href="http://creativecommons.org/licenses/by-sa/4.0/">CC BY-SA</a></span></figcaption></figure><p>The newest front line in the battle for LGBTQ safety and dignity involves bathroom access for the transgender community. The <a href="https://www.washingtonpost.com/local/education/gavin-grimm-just-wanted-to-use-the-bathroom-he-didnt-think-the-nation-would-debate-it/2016/08/30/23fc9892-6a26-11e6-ba32-5a4bf5aad4fa_story.html">national spotlight</a> has turned to transgender individuals who are finding their ability to use public bathrooms <a href="https://www.nytimes.com/2017/02/27/us/jackie-evancho-transgender-sister-bathroom.html">under investigation</a> – and sometimes attack – by school boards and state legislators.</p>
<p>But why has transgender bathroom use garnered such attention? And how will it impact transgender students?</p>
<p>My research shows how political and <a href="http://onlinelibrary.wiley.com/doi/10.1111/lsi.12233/abstract">legal battles</a> over LGBTQ rights can negatively impact the daily lives of LGBTQ individuals and families. Right now, transgender students are currently suffering significant setbacks at the local, state and federal level, limiting their access to public bathrooms and threatening their health and safety. </p>
<p>Here’s why.</p>
<h2>The current state of transgender bathroom rights</h2>
<p>On Feb. 22, President Donald Trump <a href="https://www.washingtonpost.com/local/education/trump-administration-rolls-back-protections-for-transgender-students/2017/02/22/550a83b4-f913-11e6-bf01-d47f8cf9b643_story.html?utm_term=.7f64fc4b5f0c">rescinded</a> a key protection issued by former President Barack Obama. Obama’s <a href="https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201605-title-ix-transgender.pdf">2016 “dear colleague” letter</a> required schools that receive federal funding to accommodate a transgender student’s gender identity when granting access to bathrooms or other gender-specified facilities.</p>
<p>In her explanation of Trump’s directive, Secretary of Education Betsy DeVos argued that although “protecting all students, <a href="http://www.mediaite.com/online/betsy-devos-protecting-lgbtq-students-should-be-key-priority-for-all-schools/">including LGBTQ students</a>” is “a key priority for the department,” the issue of transgender bathroom access is “best solved at the state and local levels.” </p>
<p>However, as the past year indicates, there are problems with leaving this critical civil rights issue up to state legislatures.</p>
<p>For instance, at least <a href="http://www.ncsl.org/research/education/-bathroom-bill-legislative-tracking635951130.aspx">10 states</a> are considering bills that would require individuals to use multi-stall public bathrooms that match their biological gender – and at least two impose criminal sanctions on any violation. </p>
<p>State bills like these would take precedence over local efforts to enact anti-discrimination policies. North Carolina, for example, passed one such state law last year: the now infamous <a href="http://www.ncleg.net/Sessions/2015E2/Bills/House/PDF/H2v4.pdf">HB2 bathroom bill</a>. The bill was introduced in direct response to a <a href="http://charlottenc.gov/NonDiscrimination/Pages/default.aspx">Charlotte City Council ordinance</a> outlawing discrimination against members of the LGBTQ community.</p>
<p>Meanwhile, Arkansas legislators prevailed on Feb. 23 in a similar battle with local officials over transgender bathroom rights. The <a href="http://www.cbsnews.com/news/arkansas-supreme-court-strikes-lgbt-protections-fayetteville/">Arkansas Supreme Court overturned</a> a nondiscrimination ordinance <a href="http://www.arktimes.com/ArkansasBlog/archives/2015/09/08/early-vote-favors-fayetteville-civil-rights-ordinance-68-32">passed by the city of Fayetteville</a>, ruling that one city cannot expand the state’s anti-discrimination protection to include gender identity.</p>
<p>In both of these cases, the state laws and city ordinances are in direct conflict, but the state takes precedence, making it illegal for transgender individuals to use the bathrooms matching their gender identity.</p>
<figure class="align-center zoomable">
<a href="https://images.theconversation.com/files/159220/original/image-20170302-14714-1q6ogv4.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="" src="https://images.theconversation.com/files/159220/original/image-20170302-14714-1q6ogv4.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/159220/original/image-20170302-14714-1q6ogv4.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=431&fit=crop&dpr=1 600w, https://images.theconversation.com/files/159220/original/image-20170302-14714-1q6ogv4.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=431&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/159220/original/image-20170302-14714-1q6ogv4.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=431&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/159220/original/image-20170302-14714-1q6ogv4.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=542&fit=crop&dpr=1 754w, https://images.theconversation.com/files/159220/original/image-20170302-14714-1q6ogv4.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=542&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/159220/original/image-20170302-14714-1q6ogv4.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=542&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">Gavin Grimm’s case is scheduled to appear before the Supreme Court in March. It’s unclear whether Trump’s reversal on the Obama administration’s guidance on transgender bathrooms will stall the case.</span>
<span class="attribution"><span class="source">AP Photo/Steve Helber</span></span>
</figcaption>
</figure>
<p>As is true in <a href="https://www.oyez.org/cases/2014/14-556">many</a> <a href="https://www.oyez.org/cases/2012/12-307">cases</a> <a href="https://www.oyez.org/cases/2002/02-102">involving</a> <a href="https://www.oyez.org/cases/1995/94-1039">LGBTQ rights</a>, the Supreme Court may end up having the last word on the issue. The court is set to hear oral arguments in March for a case involving a <a href="http://www.scotusblog.com/case-files/cases/gloucester-county-school-board-v-g-g/">transgender boy’s fight for adequate access to restrooms in his high school</a>.</p>
<p>All told, only <a href="https://www.aclu.org/map/non-discrimination-laws-state-state-information-map">13 states (and the District of Columbia)</a> explicitly protect against gender identity discrimination in public schools. Without these statewide protections – and with local governments being overruled by state law – many transgender students living in the remaining 37 states cannot feel safe when using school bathrooms.</p>
<h2>Issues of physical, emotional safety</h2>
<p>So why do we need legal protection against bathroom restrictions?</p>
<p>The stakes are high for transgender students. </p>
<p>Studies show that transgender students could be harassed, sexually assaulted or subjected to other physical violence when required to use a gendered bathroom.</p>
<p>Recent studies suggest that over 50 percent of transgender individuals <a href="http://faculty.mu.edu.sa/public/uploads/1425310920.5389violence%20transgender.pdf">will experience sexual assault</a> in their lifetime (a rate that is far higher than for nontransgendered individuals), and that (absent protections) using bathrooms could pose a significant threat of physical harm or harassment. </p>
<p>One survey, commissioned by <a href="https://williamsinstitute.law.ucla.edu/">UCLA’s Williams Institute</a>, found that <a href="https://williamsinstitute.law.ucla.edu/wp-content/uploads/Herman-Gendered-Restrooms-and-Minority-Stress-June-2013.pdf#page=7">68 percent of participants</a> were subjected to homophobic slurs while trying to use the bathroom. <a href="https://williamsinstitute.law.ucla.edu/wp-content/uploads/Herman-Gendered-Restrooms-and-Minority-Stress-June-2013.pdf#page=7">Nine percent</a> confronted physical violence.</p>
<figure class="align-center ">
<img alt="" src="https://images.theconversation.com/files/116803/original/image-20160330-28451-kkodni.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/116803/original/image-20160330-28451-kkodni.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=450&fit=crop&dpr=1 600w, https://images.theconversation.com/files/116803/original/image-20160330-28451-kkodni.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=450&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/116803/original/image-20160330-28451-kkodni.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=450&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/116803/original/image-20160330-28451-kkodni.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=566&fit=crop&dpr=1 754w, https://images.theconversation.com/files/116803/original/image-20160330-28451-kkodni.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=566&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/116803/original/image-20160330-28451-kkodni.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=566&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">Studies have shown how use of bathroom results in assaults.</span>
<span class="attribution"><a class="source" href="https://www.flickr.com/photos/zappowbang/466812968/in/photolist-Hfxes-eefZ2p-9kV8Zc-ehrBL8-ehxizq-7m27qQ-9h8L5F-mYXfHf-8xuFeH-9hnH2c-ehryFP-ehrzi4-ehrzCK-8xxGKu-9kYdKC-bM5Hq4-gndp7V-i77iJ6-i76zC3-9kYbaC-nzxgu8-biTybn-9kRX8i-i76Upd-9kYbso-i77kTX-eaviCn-7Haptx-8UsHwV-i76tgM-9kYbWu-9kV514-Hfx97-asDYat-9kYdx3-3onp1-7Haw9k-HfAdV-9kV2bu-esvjh-8xuFsx-9kYbKf-i76Qyq-HUqgR-HTXK2-8xxGAs-8xtRp2-9kV6xp-nYTMPE-7kXdV8">Justin Henry</a>, <a class="license" href="http://creativecommons.org/licenses/by/4.0/">CC BY</a></span>
</figcaption>
</figure>
<p>Another study that surveyed transgender individuals in Washington, D.C. found that <a href="https://williamsinstitute.law.ucla.edu/wp-content/uploads/Herman-Gendered-Restrooms-and-Minority-Stress-June-2013.pdf#page=7">70 percent</a> were either verbally threatened, physically assaulted or prevented in some way from using the bathroom of their choice. Some experienced more than one form of such behavior.</p>
<p>Yet another survey found that <a href="http://comptroller.nyc.gov/wp-content/uploads/documents/Gender_Neutral_Bathrooms.pdf#page=2">26 percent of transgender students</a> in New York were denied access to their preferred bathrooms altogether.</p>
<p>The result? Transgender students need to constantly weigh the trade-offs as they consider bathroom options.</p>
<p>As one University of Washington student <a href="http://www.king5.com/news/local/seattle/uw-students-call-for-more-gender-neutral-restrooms_20160418093106605/140291974">articulates</a>:</p>
<blockquote>
<p>Do I choose physical safety or emotional safety? Do I choose physical health or mental health?</p>
</blockquote>
<h2>Bathroom redesign</h2>
<p>In response to demands from transgender advocates, parents and transgender students, administrators from California to Texas, in elementary schools and colleges, have considered the costs and benefits of redesigning bathrooms to accommodate transgender students.</p>
<p>For example, students at the <a href="http://pittnews.com/62434/news/beds-and-bathrooms-pitt-goes-gender-neutral/">University of Pittsburgh</a> can now use bathrooms that conform to their own gender identity. Arizona State University, Ohio State and Wesleyan University, among several others, <a href="http://www.houstonpress.com/arts/gender-neutral-bathrooms-are-opening-their-doors-in-houston-and-elsewhere-6392063">have instituted policies requiring all new construction to include gender-neutral bathrooms</a>. They are assessing how to modify the existing bathrooms to become gender-neutral or single-stall facilities.</p>
<figure class="align-left ">
<img alt="" src="https://images.theconversation.com/files/102265/original/image-20151118-23204-bx0tjt.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=237&fit=clip" srcset="https://images.theconversation.com/files/102265/original/image-20151118-23204-bx0tjt.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=388&fit=crop&dpr=1 600w, https://images.theconversation.com/files/102265/original/image-20151118-23204-bx0tjt.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=388&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/102265/original/image-20151118-23204-bx0tjt.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=388&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/102265/original/image-20151118-23204-bx0tjt.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=488&fit=crop&dpr=1 754w, https://images.theconversation.com/files/102265/original/image-20151118-23204-bx0tjt.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=488&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/102265/original/image-20151118-23204-bx0tjt.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=488&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px">
<figcaption>
<span class="caption">Universities are bringing in policies to have gender-neutral bathrooms.</span>
<span class="attribution"><a class="source" href="https://www.flickr.com/photos/taedc/15799031740/in/photolist-q57aGY-jeZ6FB-7h4zDD-uDWfrH-e7hipR-mEwTCq-qLuCEj-qfxPeM-e7nVzj-NHLdq-dvcDVd-8q94PM-k6LNzB-e7nVXJ-ndU2MK-nb7xLz-k6CTQd-e7nWHU-uDWYbe-uDgBjy-un7BVA-un7YdY-upwMXE-5otHqH-gdKmK-4xfLxD-k6CBsd-k6CQY1-o4o72q-k6BfFz-63nebf-k6ATcT-77ZsTH-7mTVrd-nDmSCD-7cARDf-5ELJFo-5bWgco-8TNgHF-tGRLMK-icYznx-AxQW98-xv4Ymq-wEgLAS-uBi2JN-sTy3er-regVdu-qVBa4W-qgEiNw-rbhMhB">Ted Eytan</a>, <a class="license" href="http://creativecommons.org/licenses/by-sa/4.0/">CC BY-SA</a></span>
</figcaption>
</figure>
<p>As increasing numbers of primary- and secondary-school-aged children are identifying as transgender, public schools have become “<a href="http://www.theatlantic.com/education/archive/2015/07/the-k-12-binary/398060/">ground zero</a>” for fights over bathroom safety.</p>
<p><a href="http://www.sfgate.com/bayarea/article/Bathrooms-at-Miraloma-Elementary-in-S-F-go-6481544.php">Miraloma Elementary School</a>, in San Francisco, for instance, removed gendered signs from many of their bathrooms.</p>
<p>About two years ago, Governor Jerry Brown signed into law the <a href="http://www.cde.ca.gov/re/di/eo/faqs.asp">School Success and Opportunity Act</a>, requiring that all students be able to access bathrooms or locker rooms that are consistent with their own gender identity in California’s K-12 settings.</p>
<h2>Need for safety</h2>
<p>But these school or district-level efforts have been either limited to states with existing gender identity protections (like California) or have been overturned by school board or state action. </p>
<p>This is why Obama’s directive was so important. Regardless of where a student lived or attended school, it provided students with legal protection.</p>
<p>Without the directive, and despite DeVos’ assurances, bathroom options will be limited for many transgender students.</p>
<p>Either they have to travel quite a distance to get to the nearest single-stall gender-neutral bathroom, or just “hold it in.” </p>
<p>Such options have clear drawbacks and health risks. <a href="http://www.nytimes.com/2015/07/27/opinion/for-transgender-americans-legal-battles-over-restrooms.html">Urinary tract infections</a>, <a href="http://thinkprogress.org/lgbt/2015/10/14/3712394/wisconsin-transgender-school-discrimination/">depression and even suicide</a> could be among them. </p>
<p>One <a href="http://www.tandfonline.com/10.1080/00918369.2016.1157998">study</a> of transgender individuals found that over 60 percent of participants who had experienced some form of bathroom exclusion had attempted suicide – a rate far higher than among respondents who had experienced no constraints on bathroom use.</p>
<figure class="align-center zoomable">
<a href="https://images.theconversation.com/files/159223/original/image-20170302-14695-we9oh2.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=1000&fit=clip"><img alt="" src="https://images.theconversation.com/files/159223/original/image-20170302-14695-we9oh2.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&fit=clip" srcset="https://images.theconversation.com/files/159223/original/image-20170302-14695-we9oh2.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=600&h=409&fit=crop&dpr=1 600w, https://images.theconversation.com/files/159223/original/image-20170302-14695-we9oh2.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=600&h=409&fit=crop&dpr=2 1200w, https://images.theconversation.com/files/159223/original/image-20170302-14695-we9oh2.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=600&h=409&fit=crop&dpr=3 1800w, https://images.theconversation.com/files/159223/original/image-20170302-14695-we9oh2.jpg?ixlib=rb-1.1.0&q=45&auto=format&w=754&h=514&fit=crop&dpr=1 754w, https://images.theconversation.com/files/159223/original/image-20170302-14695-we9oh2.jpg?ixlib=rb-1.1.0&q=30&auto=format&w=754&h=514&fit=crop&dpr=2 1508w, https://images.theconversation.com/files/159223/original/image-20170302-14695-we9oh2.jpg?ixlib=rb-1.1.0&q=15&auto=format&w=754&h=514&fit=crop&dpr=3 2262w" sizes="(min-width: 1466px) 754px, (max-width: 599px) 100vw, (min-width: 600px) 600px, 237px"></a>
<figcaption>
<span class="caption">Signage outside a restroom at 21c Museum Hotel in Durham, North Carolina, May 12, 2016.</span>
<span class="attribution"><span class="source">AP Photo/Gerry Broome, File</span></span>
</figcaption>
</figure>
<p>Importantly, the risks of physical and verbal assault – as well as the attendant risks of depression and suicidality – are present even when a transgender student uses the bathroom that matches his or her birth-assigned gender. </p>
<p>When students who, in every visible way, present as their identified gender are forced to use bathrooms that match their biological genders, reactions are strong. <a href="https://www.washingtonpost.com/posteverything/wp/2016/04/19/as-a-trans-man-i-never-felt-scared-or-unsafe-then-north-carolina-passed-its-discrimination-law/?utm_term=.c57e68dcdbc2">Payton McGarry</a>, a transgender male, describes being “screamed at, pushed, shoved or even slapped” when he used the women’s restroom after he began to develop male attributes.</p>
<p>This leaves transgender individuals with no real public bathroom option. As <a href="http://www.rollingstone.com/politics/news/what-its-like-to-use-a-public-bathroom-while-trans-20160331">Brynne Tannehill,</a> a transgender woman, describes, you could use “the women’s room and probably be OK and break the law.” Or “you walk into the men’s room… and you stay and that immediately marks you as transgender.” In this instance, argues Tannehill, following the law is far riskier. “Last year, we had 22 or 23 trans women murdered.”</p>
<p>As a result, sometimes transgender college students see their <a href="http://hub.jhu.edu/2014/11/25/homewood-bathroom-signs">best option</a> as renting a house near campus so they can go home to use the bathroom.</p>
<p><a href="http://www.nbcnews.com/feature/nbc-out/transgender-hotline-reports-flood-calls-after-trump-walks-back-federal-n725796">Recent transgender hotline activity</a> suggests that Trump’s actions have provoked fear among transgendered individuals and their allies. As news spread of his new directive, hotlines were flooded with calls. For instance, in January, Trans Lifeline received on average 139 calls per day. On Feb. 23, the lifeline fielded 379 calls. The crisis hotline has also seen a marked increase in “high severity calls” – those indicating “immediate crisis” – since Trump’s inauguration.</p>
<p>Legal groups like the American Civil Liberties Union (ACLU) are continuing their fight in court, <a href="http://www.cnn.com/2016/03/23/politics/north-carolina-gender-bathrooms-bill/">arguing</a> that these bathroom bills “push ugly and fundamentally untrue stereotypes that are based on fear and ignorance.”</p>
<p>For many, though, Trump’s decision to prioritize states’ rights means no bathroom options for trans students – especially in states that prohibit any local accommodation.</p>
<p>“Trans women are killed for using the men’s restroom, and they’re jailed for using the women’s restroom,” explains <a href="http://www.usatoday.com/story/news/nation/2016/04/28/transgender-bathroom-bills-discrimination/32594395/">Tyler Beebe</a>, a 27-year-old trans woman. “In the end, what choice do we have?”</p>
<p><em>Editor’s note: This is an updated version of an article first published on Nov. 19, 2016.</em></p><img src="https://counter.theconversation.com/content/50831/count.gif" alt="The Conversation" width="1" height="1" />
<p class="fine-print"><em><span>Alison Gash does not work for, consult, own shares in or receive funding from any company or organization that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.</span></em></p>The bathroom has become a battleground for transgender rights — and rightfully so. Research shows that bathroom restrictions threaten the health and safety of the transgender community.Alison Gash, Assistant Professor of Political Science, University of OregonLicensed as Creative Commons – attribution, no derivatives.