We’ve all heard some version of the argument over gender-neutral/transgender inclusive bathrooms. And while this conversation has been riddled with the sensationalist fear that transgender people- or people “pretending” to be so- will take advantage to prey on women and children, those fears have been proven wrong and they come from a long and ugly history of viewing transgender and queer people as predatory, based on stereotypes and fears that we now know to be inaccurate and harmful.
Inclusive bathrooms protect the public safety and the mental and physical health of trans/gender nonconforming people. They also increase accessibility for disabled people, families, and all people, because making things better for the few makes them better for the many. That’s why it’s so important that we create and normalize more inclusive restrooms.
As a disabled and gender non-conforming, queer individual, I’ve experienced the world of access and regulating “right and wrong” bodies as both a trans and a disabled issue. Access to physical things like bathrooms, or buses, or public spaces is about a lot more. Making space for someone is a recognition and respect of their humanity, and excluding certain groups from the get-go is denying them that equal respect.
While progress has been made, both the transgender and disabled communities have still been left so far behind in society. From someone’s ability to use a toilet, enter a store or public space, safely use public transportation, find a job, or get healthcare, we’ve designed a world that works for the “majority groups” and doesn’t work for those deemed as too different.
So while I’m happy we’ve made so much progress, I’m also angry and tired. I’m angry that trans people are still being killed in growing numbers every year, and are twice as likely to consider/attempt suicide as cis peers are. I’m tired of having to show up over and over again to fight legislation that seeks to take away even more of these basic rights from trans people in Missouri. In light of these issues, you might be wondering why bathrooms are so important.
In my advocacy for trans rights in all of these areas and more, I’ve begun learning why issues like this matter so much. While we need to focus resources on the prevalent homelessness and mental health issues in the trans community, we can’t look at those things without also looking at all the elements that lead to that overarching oppression. When you’re already being excluded from many churches, schools, doctor’s offices, workplaces, homeless shelters, and even stores or public buses, being excluded from bathrooms is not such a small thing. Most especially in environments such as work or school, not having an option that includes you feels like just another way of saying “nobody wants you here, you’re not safe in this space”.
There are very few rooms I can walk into and not get stares. Whether that’s because of my gender nonconformity or because I’m a 20 year old using a cane, it doesn’t go unnoticed. I’m always aware of my surroundings and the little signs of me being welcome or not welcome. And that is still coming from a place of privilege in which being a white person who was assigned
female at birth, my trans-ness is seen as less of a “threat” than that of transfeminine people or trans people of color. As unsafe as I may feel, if you’re in those other groups, that fear is so magnified. That unwelcome feeling can leach into everything else until nowhere feels safe.
I know there are several arguments against gender-neutral bathrooms, so let’s move on to look at some of those.
One of the biggest fears over opening bathrooms up to trans people is that of increased risk of violence and predatory behavior towards women and kids in particular. It’s understandable that protecting people who are at risk of being harmed would be a first concern.
Several studies, such as one from the Williams Institute at UCLA School of Law, have shown that there is no link between allowing trans individuals to use the correct restrooms according to their gender and increased crime in restrooms. We might think of the typical image conjured of a man putting on a dress just so that he can get access to women’s restrooms, but that’s a pretty harmful rhetoric in many ways (the first being that trans women aren’t “men in dresses”).
To give some perspective, there is already no physical barrier that stops predatory men/people from going into women’s restrooms just because the sign says “women”. Putting the blame on people just because their experience of gender is different than the norm falsely suggests that
these two, separate issues (access for trans people; stopping predators) are one and the same. But stopping those bad people can’t start with spreading harmful untruths about what trans people are because not only does that hurt innocent trans people, but it does nothing to solve the real problem.
Additionally, transgender people (especially trans youth and people of color) are actually at significantly higher risk of experiencing violence (including hate crimes, bullying, sexual assault, and homicide) than cisgender people are, although it’s hard to agree on an exact number because of a historic lack of sufficient data that includes trans people.
“Injustice at Every Turn: a report of the National Transgender Discrimination Survey” is a source that looks into the disproportionate affects of discrimination on trans people. Although it was published in 2011, it still provides a helpful framework for us to look at the major issues affecting the trans community: including homelessness, discrimination in education, poverty, healthcare access, and job insecurity.
Protecting the vulnerable includes protecting trans and gender-nonconforming people too. Protecting women means protecting some of the most at-risk women- Black trans women. Protecting children means protecting trans children and youth too. So it’s important to remember that trans-inclusive bathrooms haven’t been shown to put anyone in more danger of being attacked except for themselves, but there are also a couple of other angles to consider related to protecting our vulnerable.
Like many trans people, disabled people often have to worry if they’ll be able to find a bathroom they can use, whether that be at school, at work, or in public. Not only do public restrooms not always live up to the ADA code for physical accessibility, but many people with caregivers aren’t able to use public restrooms if their caretaker can’t come in with them because of gender. This seriously limits the already small number of places these people can go to- not being able to use a restroom in some places often means just not being able to go there at all, and even that seemingly small thing can become a constant stressor when trying to go anywhere.
Gender neutral bathrooms make life easier and safer for families as well. When only gendered restrooms are available, it makes it difficult for parents to supervise their children if they can’t go into the same restroom. Sending a young kid into a public restroom by themself puts them at more risk.
Another possible downside to changing restrooms could be financial burden on businesses, especially those that aren’t government-funded buildings. As someone with a lot of experience working with small businesses, I completely understand this concern. However, I would point out that like when the ADA was introduced thirty years ago, these changes wouldn’t have to be huge, complete remodels, and they wouldn’t have to be forced right away. In most cases, making a few small changes to the actual bathrooms, and changing our attitudes and prejudices against people we don’t understand can make all of the difference.
I would challenge readers who want to promote inclusivity to first examine what fears and biases you hold that may exclude people you don’t understand; to (kindly) push yourself to grow past those roadblocks; and to do something small to let the world around you know that there’s space for everyone.
It’s scary to make big shifts in our societal views or personal beliefs, especially if it means facing a bias we didn’t realize we had, but I believe the best thing about America is our shared goal of opportunity for everyone; and I know that making space for people who have often been left without a seat at the table changes so many lives and opportunities.