Bathroom bill

A bathroom bill is the common name for legislation or a statute that denies access to public toilets by gender or transgender identity. Bathroom bills affect access to sex-segregated public facilities for an individual based on a determination of their sex as defined in some specific way, such as their sex as assigned at birth, their sex as listed on their birth certificate, or the sex that corresponds to their gender identity.[1] A bathroom bill can either be inclusive or exclusive of transgender individuals, depending on the aforementioned definition of their sex.

Proponents of the bills argue that such legislation is necessary to maintain privacy, protect what they claim to be an innate sense of modesty held by most cisgender people, prevent voyeurism, assault, molestation, and rape,[2] and retain psychological comfort.[3][4] Critics of the bills argue that they do not make public restrooms any safer for cisgender people, and that they make public restrooms less safe for both transgender people and gender non-conforming cisgender people.[5][6][7] Additionally, critics claim there have been no cases of a transgender person attacking a cisgender person in a public restroom,[5][8] although there has been one reported incident of voyeurism in a fitting room.[9] The American Medical Association, the American Psychological Association, and the American Academy of Pediatrics are all opposed to bathroom bills.[10][11][12][13]

Moreover, Vox found that "there's no evidence that nondiscrimination laws — and other policies that also let trans people use the bathroom for their gender identity — lead to sexual assault in bathrooms and locker rooms" and Media Matters "confirmed with experts and officials in 12 states and 17 school districts with protections for trans people that they had no increases in sex crimes after they enacted their policies".[14]

One bathroom bill, the Public Facilities Privacy & Security Act in North Carolina, was approved as a law in 2016, although portions of the measure were later repealed in 2017 as part of a compromise between the Democratic governor and Republican-controlled Legislature. Also in 2016, guidance was issued by the U.S. Departments of Justice and Education stating that schools which receive federal money must treat a student's gender identity as their sex (for example, in regard to bathrooms).[15] This policy was revoked in 2017.[15]

  1. ^ Lopez, German (April 7, 2016). "Tennessee's anti-transgender bathroom bill, explained". Vox. Archived from the original on April 9, 2016. Retrieved April 7, 2016.
  2. ^ Kasperkevic, Jana (March 17, 2015). "Florida anti-transgender bathroom bill moves a step closer to passing". The Guardian. Guardian News and Media Ltd. Archived from the original on August 29, 2017. Retrieved July 11, 2017.
  3. ^ Steinmetz, Katy (March 14, 2017). "Texas Senate Approves Controversial Bathroom Bill After Five-Hour Debate". Time. Archived from the original on June 26, 2017. Retrieved June 27, 2017.
  4. ^ Gelernter, Josh (December 17, 2016). "A Conservative Defense of Transgender Rights". National Review. Archived from the original on June 19, 2017. Retrieved June 27, 2017.
  5. ^ a b Bianco, Marcie (April 2, 2016). "Statistics Show Exactly How Many Times Trans People Have Attacked You in Bathrooms". Archived from the original on December 21, 2016. Retrieved January 11, 2017.
  6. ^ King-Miller, Lindsay (April 12, 2016). "Stop Using Women's Safety to Justify Transphobia". Archived from the original on January 13, 2017. Retrieved January 11, 2017.
  7. ^ Firma, Terry (April 11, 2016). "More Republican Politicians Than Trans People Have Been Arrested For Sex Acts in Bathrooms". Archived from the original on January 13, 2017. Retrieved January 11, 2017.
  8. ^ Broverman, Neal (May 17, 2018). "Trump Supporter Broadcasts Live as She Chases Trans Woman Out of Bathroom". The Advocate. Archived from the original on May 18, 2018. Retrieved May 18, 2018.
  9. ^ Chokshi, Miraj (July 14, 2014). "Transgender Woman is Charged With Voyeurism at Target in Idaho". The New York Times. Archived from the original on August 18, 2017. Retrieved May 31, 2017.
  10. ^ "Access to Basic Human Services for Transgender Individuals H-65.964". American Medical Association. Archived from the original on June 15, 2021. Retrieved December 8, 2021.
  11. ^ Cite error: The named reference NTF-2021 was invoked but never defined (see the help page).
  12. ^ Cite error: The named reference APA-2019 was invoked but never defined (see the help page).
  13. ^ Cite error: The named reference Korioth-2021 was invoked but never defined (see the help page).
  14. ^ Lopez, German (May 5, 2016). "Anti-transgender bathroom hysteria, explained". Vox. Archived from the original on April 30, 2024. Retrieved April 30, 2024.
  15. ^ a b "Trump Administration Rescinds Protections For Transgender Students | HuffPost". Huffingtonpost.com. February 22, 2017. Archived from the original on January 20, 2018. Retrieved January 18, 2018.

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