Transgender Public Policy

Great Essays
While discrimination issues have been a part of American politics for well over a century, in the past decade a highly charged debate has entered into the arena of political subterfuge fueling policy controversies from the state to national level. The issue of transgender access policies addressing the use of public facilities, such as restrooms and locker rooms has caused contradictory laws to be put into place. Bills have been passed at the State level, which some argue violates Civil Rights. After years of debate and debacle, the controversial transgender access issue has been shuffled back and forth between the State and National level, sparking a Nationwide debate resulting in federal lawsuits. Policy has been passed in an effort to …show more content…
Public policies consist of a body of complex issues with many different sides, making it almost impossible to reach an agreement that satisfies all parties involved. It can take decades to identify public problems and enact a system of rules that affect social and government institutions; governing behaviors is an even lengthier process. Public policy issues fall into the category of Political Science, which is best described as, “who gets what, when and how." The ultimate outcome of a public policy in the U.S. would be to further one or all of these goals for the people: equity, efficiency, liberty, welfare and security. The policy issues of transgenders and access to public bathrooms specifically pertain to liberty, welfare and security. Problems with a policy such as transgender people and access to public restrooms come from the complex nature of the issues surrounding the policy and actual implementation of the policy once laws and regulations have been set …show more content…
of Anonymous v. Weiner, 50 Misc. 2d 380, 270 N.Y.S. 2d 319 (1966).” After five decades, Transgender policy issues gained a foothold when President Obama had language inserted on a federal jobs website banning employment discrimination on the basis of gender identity. From 2010 until 2017, legislation governing the rights of transgenders to use public facilities that correspond to their gender identity was set in place by the Obama administration only to be overturned by the Trump administration. As of 2017, North Carolina was the only state to pass and repeal a Bathroom Bill, called House Bill 2 “HB2,” that restricts the usage of restrooms and other private facilities to the sex assigned at birth. The bill passed at the State level, but the Justice Department filed a lawsuit citing the law as discriminatory but retracted the lawsuit after a second N.C. Bill was passed. N.C. House Bill 142, passed then ratified, contains language that preempts such entities as State agencies, branches of government, the N.C. University system and the Board of Education “from regulation of access to multiple occupancy restrooms, showers or changing facilities.” Additionally, on the national stage, Public Schools that receive federal funding were at risk of losing those funds if measures weren’t taken to insure non-discrimination of transgender

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