Trans Women and Public Restrooms: The Legal Discourse and Its Violence

Abstract

Safe access to public restrooms is an essential need for participation in civic life, in the workplace, in educational settings, and other public spaces. This is no different for transgender people. However, access to public restrooms according to gender identity has sparked controversy to the extent that transgender people face embarrassment and even expulsion from these spaces. The lack of access of the transgender population to public restrooms has a negative impact on the physical and mental health of this population. Thus, this article aims to address the main consequences that the ban on the use of bathrooms has for the transgender population, specifically the access of transgender women to the women's restroom. We covered some legal aspects of “bathroom laws” and the main arguments in this discussion. We understand that the prohibition of access to the restroom constitutes a form of gender violence and discrimination, as we conclude that the arguments that express concerns about safety are not supported.

Challenges, needs, and rights of Transgender people: An insight

“…Most Transgender people worldwide suffer from rampant injustice and discrimination in their life. They face discrimination, harassment, injustice, and sexual and physical assault at schools, workplaces, public places, health care facilities, accommodations, public transport, and so on (Bagagli et al, 2021; Grant et al, 2011; White Hughto et al, 2015). They are basically in a spiral of exclusion and marginalization.…”

“…(Bagagli et al, 2021; Reisner et al, 2015). Safe access to public washrooms at schools, workplaces, and other public places is the right of every individual, but Transgender people are often embarrassed and expelled from using these spaces (Bagagli et al, 2021). The introduction of “bathroom bill” legislation in 2016 by North Carolina for the first time, further fueled the existing discrimination.…”

“…At times they are humiliated, harassed, and discriminated against in these places. (Bagagli et al, 2021;Reisner et al, 2015). Safe access to public washrooms at schools, workplaces, and other public places is the right of every individual, but Transgender people are often embarrassed and expelled from using these spaces (Bagagli et al, 2021).…”

Heed lessons from past studies involving transgender people: first, do no harm

“…A second possibility is that neuroscientific findings related to transgender identity will fuel transphobic narratives 11 . Take the debate on social media and other platforms about gendered public spaces in countries such as the United States, the United Kingdom and Brazil 12 . Some people argue that allowing transgender women to access infrastructure, such as public toilets or women's prisons, threatens the safety of "real women".…”

Separate but unequal: Revisiting the discussion of trans‐inclusive bathrooms

“…First, as in the case of Gavin Grimm, "alternative" locations may be inconvenient, and the choice for an individual to use an alternative location places a spotlight upon transgender individuals so that spectators, subconsciously or not, question why the individual is using an alternative location. This leads, as articulated by Barry et al (2016), to a heightened level of scrutiny in which the binary-gendered separation creates an environment predicated on the premise that everyone becomes the inspector of another's gender (Bagagli et al, 2021) to determine deviant and nondeviant culprits doomed for university sanctions, as illustrated by the Johnson case, that might eventually evolve into expulsion. The Johnson and Grimm cases highlight the difficulty in obtaining the documentation necessary to be granted the opportunity to enter a binary bathroom location.…”