Trans Bathroom Laws in the U.S.

Trans Bathroom Laws in the U.S. by Amber Lynn, staff writer for AmericanTransexuals.com

Trans bathroom laws in the U.S. are evolving rapidly, and not in a way that makes sense. At least eleven states have already passed or are considering laws that require transgender people to use the restroom facilities that correspond with their sex assigned at birth in public schools and government buildings. Obviously, this is problematic and not likely to resolve any real safety concerns for the public.

To make matters worse for transgender people, at least ten states, including Arizona, Illinois, Missouri, Oklahoma, South Carolina, Utah, Virginia, and Wyoming have proposed bills that would redefine sex to exclude transgender and nonbinary people from accessing public services and legal protections. These bills would further prevent and criminalize transgender people from using bathrooms that align with their gender identity. Some of these laws will prohibit trans people from updating their essential identity documents, holding public office, and more. For this discussion, I will stick to the trans bathroom laws in the U.S.

“Excuse Me, I Just Need to Pee”

As of May 2024, eleven states in the U.S. have enacted transgender bathroom laws. Here is a list of states at the time of this article (subject to change):

Alabama
Arkansas
Florida
Idaho
Iowa
Kansas
Kentucky
North Dakota
Oklahoma
Tennessee
Utah

Transgender bathroom laws in the U.S. are complicated. As I researched for this article I was overwhelmed with the volume of legislation targeting transgender people. I feel fairly confident that I understand the laws of my home state but what about when I travel? Do I need to study the laws of each state or risk arrest? It is a rhetorical question. Of course I do and if you’re a transgender person who has or is transitioning, then you do too!

Application of U.S. Trans Bathroom Laws

Most transgender bathroom laws are designed to apply broadly to all individuals, regardless of their stage in transition or their involvement in medical supervision. These laws generally require people to use bathrooms that correspond to their sex assigned at birth, without specific exemptions for those undergoing professional counseling and completing their real life test.

The enforcement and interpretation of these trans bathroom laws can vary significantly by state and even by local jurisdictions within states. Some areas may offer more leniency or have policies that are more supportive of transgender individuals, particularly those under medical care. However, there is no consistent national standard providing explicit exemptions for anyone at any stage of gender transition.

Impact of Trans Bathroom Laws

So what’s the real impact of these trans bathroom laws in the United States? The impact of transgender bathroom laws on transgender people is significant, affecting mental health, safety, and well-being. Here are some key observations:

Psychological Distress

Transgender people often experience heightened stress and anxiety due to the fear of being confronted or harassed when using public restrooms. This constant worry can contribute to mental health issues such as depression and anxiety. Being forced to use bathrooms that do not align with their gender identity can lead to feelings of invalidation and psychological distress. This can exacerbate existing mental health problems and negatively impact their sense of self-worth and identity.

Harassment and Violence

Transgender people are at a heightened risk of verbal harassment, physical assault, and other violence in public restrooms. These laws can make transgender people more vulnerable by compelling them to use facilities where they may not be safe. I know that I personally would not feel comfortable using a men’s restroom at a truck stop in North Dakota. I’m sure you get the idea.

Avoidance Behavior

Many transgender people may avoid using public restrooms altogether, leading to health issues such as urinary tract infections, dehydration, and other complications due to infrequent bathroom use. I recall early in my transition, the days when I didn’t feel I passed well enough to use the women’s restroom. I would hold it instead until my bladder felt ready to explode. That can’t be healthy.

Legal Challenges

Transgender individuals may face legal repercussions if they use the restroom that aligns with their gender identity in states with restrictive laws. This legal pressure adds to the societal stigma and discrimination they already encounter.

Social Exclusion

These laws can contribute to the marginalization and exclusion of transgender people from public spaces, making it difficult for them to participate fully in everyday activities and access necessary services.

Lack of Evidence for Increased Safety

There is scant evidence to support the claim that transgender bathroom laws protect the public in any way. Studies and reports indicate that these laws do not significantly improve public safety but rather contribute directly to negative outcomes for transgender individuals. A comprehensive analysis conducted by the Williams Institute found no increase in public safety incidents in states or localities that allow transgender individuals to use bathrooms corresponding to their gender identity. The study reviewed crime reports and concluded that there was no link between non-discrimination laws and incidents of privacy or safety violations in public restrooms.

A similar report by Media Matters reviewed claims from states with transgender-inclusive policies and found no evidence of a rise in bathroom-related crimes. Law enforcement officials from various states with inclusive policies reported no increase in public safety incidents as a result of allowing transgender individuals to use bathrooms that match their gender identity.

Expert Opinions and Organizational Stances

Numerous medical and psychological organizations, including the American Psychological Association and the American Medical Association, have opposed transgender bathroom laws, arguing that they do not enhance public safety and instead harm the well-being of transgender individuals.

Civil rights organizations such as the American Civil Liberties Union (ACLU) argue that these laws are discriminatory and unnecessary, emphasizing that there is no empirical evidence to support the notion that they protect the public..

How Organizations Can Help

Businesses and organizations can play a role in supporting transgender people and creating inclusive environments. Here are several ways to help:

Non-Discrimination Policies

Adopt and enforce non-discrimination policies that explicitly protect employees and customers based on gender identity and expression. This helps create a safe and welcoming environment for transgender employees or guests.

Inclusive Bathroom Access

Ensure that all employees and customers can use restrooms that align with their gender identity. This can be achieved by providing gender-neutral restrooms or explicitly allowing individuals to use the restroom that matches their gender identity. Having unisex single stall restrooms is an adequate solution. Better yet, include an inclusive bathroom door sign.

Diversity and Sensitivity Training

Conduct regular training sessions for employees on diversity, inclusion, and sensitivity towards transgender individuals. This helps reduce misunderstandings and fosters a more inclusive workplace culture. Provide resources to educate employees about the experiences and challenges faced by transgender individuals. Ask your staff to respect pronouns and when in doubt to politely ask.

Inclusive Health Benefits

Offer health insurance plans that cover gender-affirming care, including hormone therapy and surgeries, which are crucial for the well-being of transgender employees.

Public Support

Publicly support transgender rights through statements, partnerships with LGBTQ+ organizations, and participation in events such as Pride Month. This demonstrates your organization’s commitment to equality and can positively influence public opinion more than you may realize.

Legal Advocacy

Advocate for laws and policies that protect transgender rights at local, state, and federal levels. This can include supporting anti-discrimination legislation and opposing restrictive bathroom laws.

Inclusive Marketing

Use inclusive marketing practices that reflect and celebrate the diversity of the transgender community. This includes using diverse images in advertisements and ensuring that marketing messages are respectful and affirming of all gender identities.

Final Thoughts on U.S. Bathroom Laws

Bathroom laws affecting transgender people in the U.S. is in a state of flux. It can be challenging to try to understand the differing laws of each state, particularly for those of us who travel the United States. There are a number of good people and organizations opposing these ridiculous laws and the various bills that are being presented to state legislatures. Legal challenges are being file. Time will tell, but I anticipate many of these laws will be struck down as unconstitutional. In the meantime, be careful where you pee.

~ Amber Lynn