The Transgender Desegregation of Restrooms
There has been a long and hard-fought effort in this country to provide equal rights for citizens that would afford them the expectation that they will not be discriminated against based on gender and would allow these individuals similar and unrestricted access. This was put into federal law by the passage of the Civil Rights Act of 1964 and efforts continue to establish a constitutional amendment to solidify these and other equal rights. The federal government defines gender identity as “the individual’s internal sense of being male or female” and transgender individuals as “people with a gender identity that is different from the sex assigned to them at birth” (U.S. Office of Personnel Management, …show more content…
From the perspective of the transgender individual, relegating them to use gender-neutral restrooms may call attention to them and create a sense of fear of retribution from non-accepting people (OSHA, n.d.). Another problem that may be encountered is their vulnerability in restrooms. Transgender individuals have an especially elevated risk for sexual violence (Stotzer, 2009) and according to studies, the incidence of rape or forced sex within this group is estimated at approximately 53-59 % (Effrig, Bieschke, & Locke, 2011). These unfortunate facts may foretell of the potential for violence upon them in this type of secluded area. To further solidify the inherent safety concerns that may present, it has been reported that the on college campuses, restrooms segregated for “men” and “women” are the most dangerous places (Beemyn, Curtis, Davis, & Tubbs, 2005) and that according to evidentiary studies, in utilizing gender- specific restrooms, they are often are subject to physical assault (Beemyn, Curtis, Davis, & Tubbs, 2005). The point of safety is not specific to transgender people, as cisgender individuals also have concerns of their own. Victims of rape may have apprehensions and as one rape survivor states: “There are countless deviant men in this world who will pretend to be transgender as a means of gaining access to the people they want to …show more content…
An obstacle to be overcome in this regard is the perception that privacy is infringed upon by allowing transgender individuals this type of free access. Many people may be uneasy at the prospect of sharing a restroom with a transgendered person and therefore, “A commonly asserted justification for discrimination against transgender people in gender-specific settings is that such discrimination is necessary to protect the privacy interests of others” (Tobin & Levi, 2013). Yet, what invasion to an individual’s privacy actually takes place in a relatively non-private public restroom? If matters require a more private realm in which to affect them, those perhaps should be sought out. Privacy in a public restroom is limited at best, and no court has ruled that privacy has been infringed upon by allowing a transgender person access (Tobin & Levi,
There has been a long and hard-fought effort in this country to provide equal rights for citizens that would afford them the expectation that they will not be discriminated against based on gender and would allow these individuals similar and unrestricted access. This was put into federal law by the passage of the Civil Rights Act of 1964 and efforts continue to establish a constitutional amendment to solidify these and other equal rights. The federal government defines gender identity as “the individual’s internal sense of being male or female” and transgender individuals as “people with a gender identity that is different from the sex assigned to them at birth” (U.S. Office of Personnel Management, …show more content…
From the perspective of the transgender individual, relegating them to use gender-neutral restrooms may call attention to them and create a sense of fear of retribution from non-accepting people (OSHA, n.d.). Another problem that may be encountered is their vulnerability in restrooms. Transgender individuals have an especially elevated risk for sexual violence (Stotzer, 2009) and according to studies, the incidence of rape or forced sex within this group is estimated at approximately 53-59 % (Effrig, Bieschke, & Locke, 2011). These unfortunate facts may foretell of the potential for violence upon them in this type of secluded area. To further solidify the inherent safety concerns that may present, it has been reported that the on college campuses, restrooms segregated for “men” and “women” are the most dangerous places (Beemyn, Curtis, Davis, & Tubbs, 2005) and that according to evidentiary studies, in utilizing gender- specific restrooms, they are often are subject to physical assault (Beemyn, Curtis, Davis, & Tubbs, 2005). The point of safety is not specific to transgender people, as cisgender individuals also have concerns of their own. Victims of rape may have apprehensions and as one rape survivor states: “There are countless deviant men in this world who will pretend to be transgender as a means of gaining access to the people they want to …show more content…
An obstacle to be overcome in this regard is the perception that privacy is infringed upon by allowing transgender individuals this type of free access. Many people may be uneasy at the prospect of sharing a restroom with a transgendered person and therefore, “A commonly asserted justification for discrimination against transgender people in gender-specific settings is that such discrimination is necessary to protect the privacy interests of others” (Tobin & Levi, 2013). Yet, what invasion to an individual’s privacy actually takes place in a relatively non-private public restroom? If matters require a more private realm in which to affect them, those perhaps should be sought out. Privacy in a public restroom is limited at best, and no court has ruled that privacy has been infringed upon by allowing a transgender person access (Tobin & Levi,