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Transgender/Nonbinary Rights & Gendered Public Facilities (right to…
Transgender/Nonbinary Rights & Gendered Public Facilities
right to not be discriminated against on basis of gender: what is the law?
title vii: right to not be discriminated against as an employee. history of interpretation as pertaining to trans people , importance
transgender/nonbinary are expressions of gender, which != biological sex nor sexual attraction. gender is a complex, socially constructed identity
title ix: right to not be discriminated against in federally-sponsored education/activity. history of interpretation/ famous
state specific laws - most visible one being North Carolina's HB2 (now partially repealed) which stated that gendered facilities must only be used by those whose birth certificates match - now doesnt have that, but prohibits cities/schools to make rules of their own to extend protections to trans/nonbinary people if they are targeted
argument that all people deserve to feel safe in public spaces - if we are truly an equal society, how can we allow this discrimination to continue. even outside the law we should strive for equal treatment of all people
14th amendment: no state shall [...] deny to any person within its jurisdiction the equal protection of the laws. taken to mean that federally-sponsored discrimination on the basis of sex or gender is not legal
the problem with public restrooms
gender segregation in public facilities = sys of surveillance and policing based on perceived gender, which puts a spotlight on trans people, who don't fit into what our society views as traditional/permissible gender presentation
70% of trans/nonbinary people report having been harassed
when trying to use appropriate public restroom for their gender identity
have to plan ahead when in public to figure out where is safe to go - safe routes that limit mobility and freedom in public
dont feel safe, accepted - contributes to already-high levels of anxiety/depression in trans/nonbinary population. 41% of transgender pop has already attempted suicide
54% report health issues that result from fear of using gender-segregated public facilities such as kidney infections & dehydration
in spheres of education, employment, public engagement: trans/nonbinary people have problems specifically bc of policing of their bathroom use
legislation as a tool
legislation against trans people
fearmongering and misconceptions. idea that non-gender-conforming people are "sick", will be bad for the children, will harm women in bathrooms. idea that accepting transgender people will result in/is indicative of a moral decline in society
way to codify discrimination to keep trans people as marginalized group - set back trans rights in other areas - education, housing, employment
legislation that supports trans people
increase public understanding of what it means to have a different gender identity, dissociate negativity
will make people accept (or at least tolerate) trans people and, over time, change & improve public perception
proposed solutions/issues
state/school/city laws that extend protections to transgender/non-gender-conforming individuals who wish to use the gendered facility that corresponds/works with their gender identity
single stall/gender neutral facilities: nonbinary people, way for people to not feel anxiety about just using restroom
CU's gender-neutral stalls and facilities and how they have affected campus life positively for trans students/ solutions for disabled and family uses as well
counterargument that expectation of availability of gender-neutral bathrooms isn't feasible (financially, logistically) esp in older facilities