Transgender Children and the Consequences of Separate BathroomsThroughout United States history, scapegoats like Jews during the holocaust, and African Americans during the Jim Crow era, were picked out and assigned discriminatory markings to exclude them from society. Jews were marked with yellow stars, while blacks were to use colored only bathrooms, water fountains, and were sent to the back of buses to sit. Since then, appropriate federal laws have been designed preventing discrimination due to race, religion sexual orientation, and gender. However, now in the 21st century transgender children are societies latest scapegoats and brandish similar discriminatory markings. In schools all over the nation, the issue of transgender children being denied the use of bathrooms in which they identify with has become a huge controversy. Trans children are being singled out, labeled as different, face restrictions and limitations which leads to serious consequences, and oftentimes deadly.
The Stonewall riots was a crucial moment in the LGBTQ movement towards equality, creating awareness and political and social change to controversial police brutality of queer individuals at the time. Police raided a popular local Christopher Street bar and arrested anyone who were not wearing clothes conforming to oppressive gender norms and anyone engaging in homosexual relations. Police brutality at this gay bar sparked an uprising, causing violent riots that shed light on flagrant gangster state oppression the queer community faced. Since then, the gay community has achieved a tremendous amount of progress in their fight for equal rights, however for transgender people, the progress is not replicated. Transgender people face serious discrimination from their own queer peers, and the young are especially vulnerable.
Transgender children have recently begun to transition to their self determined gender much earlier in life due to advances in medical, psychological and cultural queer competency. Studies have shown that children who transition younger have greater mental health compared to transgender adolescents and adults that transition later in life and ultimately develop higher rates of anxiety and depression. Bathroom inequality is currently an important challenge standing in the way of true and complete transgender, gender non-conforming and intersex (TGNCI) liberation. Bathroom inequality prevents TGNCI children from achieving success in school and turns what should be a normal day at school into a fight for survival. When these children are made aware that that they are not allowed to use the bathroom they want to use, they cease to feel valued and question the legitimacy of educational institutions as a whole. When children transition earlier, their identity continues to develop and it is vital for them to understand that even when determining their transgender identity, they are entitled to feel safe in their academic environment, and are entitled to the same equity as their classmates. TGNCI children need to feel valued as students regardless of who they are, and by not being allowed to use the bathroom that corresponds to their self determined gender, schools create a myriad of bigger obstacles for TGNCI children.
By not allowing a trans child to identify with their correct gender in the bathroom at school, the school plays a direct role in causing mental health issues, namely suicide. In two counties in Wisconsin, a survey found that 65% of transgender students had recent thoughts of suicide (Linnane). Students also reported holding their bladder to not go to the bathroom. Transgender students are more likely to be bullied which is exacerbated by teachers even refusing to use preferred gender pronouns. It already bad enough that TGNCI children may face inter-familial violence and lack of support at home, or in their other personal relationships, but to have state sponsored discrimination at school and constantly feel judged. Lack of training and awareness in bathroom equality leads to TGNCI children being singled out from using the restroom, making a quick trip to the restroom into a source of fear and violence. Fifteen year old TJ Esser stated that they dropped a class after a teacher refused to refer to him with the correct pronoun. When he told his counselor and principal about his transition, they said that he can either use the female staff bathroom or the staff bathroom in the school office. There’s no mandated process for Wisconsin school districts to accommodate transgender and gender non-conforming students such as making a safety-planning team, providing comfortable access to bathrooms, and teaching staff how to respect student’s identities (Linnane). For 15 year old TJ Esser, he is lucky to not have suicidal thoughts, but he does have anxiety, and attends a support group for transgender youth. He says he wants to impact a little kids life one day, and wants transgender children to know that although others make it seem like their identity just needs to be fixed, there is nothing wrong with them.
Gender neutral bathrooms have created a solution for transgender students, but in many cases have ultimately still been inaccessible and thereby discriminatory. This is the case for high school student Drew Adams. He is forced to drinks as little fluids as he can, so that he wont have to use the bathroom, Sometimes, I have to miss chunks of class time to get to and from a bathroom that Im permitted to use. Im forced to watch how much fluid I drink during the day so that I can go as little as possible. Im a boy, but on my school campus, I cant use the boys room. In ordering me to stop using the boys restroom, I feel alienated. Im isolated. Im separated from the rest of my classmates. All because Im transgender (Adams). Drew had been using the the boys bathroom normally, until a student anonymously reported him and school administration told him that he had to use the gender neutral bathroom. He has to plan ahead in order to use the bathroom, unlike other people who can can just get up and go. He misses parts of class to get to a bathroom that is not so accessible. He feels humiliated that he now has to use a different bathroom than everyone else. His ultimate goal is to be treated normally, as if he were any other student, who can use the bathroom without planning ahead, like all human beings should be allowed to. Former President Barack Obama stated that public schools must allow transgender students the right to use the appropriate bathroom corresponding to their gender identity or else it it is a violation of Title X that prohibits sex discrimination in schools, but now under the Trump administration, this principal is changing. The Justice Departments Civil Right Division has now come out to say that they will consider viewing bathroom inequality issues from Obamas interpretation of Title X, but will also now think of all of the legal issues involved. The department stated, “there must be due regard for the primary role of the States and local school districts in establishing educational policy. (Vitali, Williams, OHara)” They also stated that this is the best decision in ensuring that students thrive in a safe and trusted environment, The director of the National Center for Transgender Equality reacted to the rescinding of Obamas guidance stating that it, sends a harmful message to transgender young people that their government does not support them, and that it is fine to single out those who are different. She added that bullies will be empowered to continue to discriminate against and harass transgender students.
On the other side of the bathroom debate, there are radical feminists and conservative Christians who are amongst the ones concerned for their safety if TGNCI people and children were to use their self determined gender bathrooms. Roseanne, a television actress, has publicly made transphobic remarks on bathroom inequality, Women do not want your penises forced in their faces or in our private bathrooms. Respect that FACT (Reynolds). What Roseanne does not understand is that no one is forcing their genitals on anyone when walking into a bathroom. A transgender person does not equal a sexual predator. Other common arguments against transgender people using the correct gender bathroom of their choice can be seen through this statement by a Maryland woman at an LGBT non-discrimination hearing, I dont want men who think they are women in my bathrooms (Steinmetz). The problem with this statement is the word think, men who think they are women. These men do not think they are women, they are women, born with anatomy they do not identify with. Gender affirmation surgery is expensive and nearly of transgender people live in poverty in the United States (Gass). They should not be discriminated against because they are unable to have the surgery needed to be deemed fully a man or woman. There needs to be greater acceptance and compassion for transgender people due to these circumstances. Awareness needs to be raised so that people can understand that if they are concerned for their safety they are simply prejudiced or misinformed. Phil Sherwood, manager of Freedom For All Massachusetts says, This isnt really about public safety. This is about marginalising and demonising a vulnerable part of our population that needs to be lifted up, not put down (Berry).
In public education, any school that receives any public money in any shape or form must follow the precedent set by landmark cases such as Brown vs Board of Education, that have demonstrated the extent of entrenched institutional prejudice against minorities. We also have a duty to set an example for not just within our borders but internationally. The average age of a transgender person is 35 years old because they are almost always killed before turning 35 (Vincent). International persecution of trans children is supported by international governments and institutions. It is critical that we take a firm stand for bathroom equality because more than just using a bathroom is on the line. An entire community of people in the world face danger and death and it starts with micro aggressions like not letting them use the bathroom they want to use. Bathroom inequality is a nefarious micro aggression, fueled by myths and stereotypes. These microaggressions eventually leave children’s classrooms, schools and spread into society like disease.
Transgender children should not be alienated from their peers by restricting the bathroom they rightfully deserve to use. They should not be another scapegoat. Transgender children who are transitioning earlier now, should not have to face bullying and harassment in addition to the challenges they already face as children. TGNCI children should thrive and succeed in an environment that does not send them a message that their presence makes school communities unsafe. Conservatives and right wing radicals should aim to become more educated on transgender oppression and rights. The Trump administration should remember Brown vs. Board Education, and not allow schools to discriminate against transgender people. Transgender children should not be harassed, and they should not be ostracized. TGNCI children should be treated as all students are, with compassion and respect. Students should not have to miss class in order to go to a bathroom that they are being forced to use, when there is an available bathroom two doors away. Transgender lives are valued and important, and not allowing them to use something as simple as the bathroom, is unethical and inhumane.
