Transgender people should not be allowed to use traditional gendered bathrooms

Sources for allowing/barring the use of traditional gendered bathrooms for transgender people.
Format:
(stance on topic: prop / opp) (link to source) brief summary of source and reason for its relevance to the argument.

Opposition
Schilt, K., & Westbrook, L. (2015). Bathroom battlegrounds and penis panics. Contexts, 14 (3), 26-31. http://www.jstor.org/stable/24710366
This article talks about the causes behind the hysteria surrounding including access to particularly transgender women in female bathrooms.

  1. The increasingly large body of empirical data on transgender people in the United States emphasizes that transgender people are much more likely to face violence in the restroom rather than to perpetrate such violence. In fact, in none of the media accounts we analyzed have opponents been able to cite an actual case of bathroom sexual assault after the passage of transgender supportive policies.
  2. No cities or states that have passed transgender rights legislation have witnessed increases in sexual assaults in public restrooms after the laws have gone into effect.

Opposition

Murchison et al
2019

  • When forced to use the bathroom correlated with assigned sex there was an increase prevalence of sexual assaults which trans people experienced compared to their cis counterparts
  • 26.5% more among transgender boys
  • 27.0% more among nonbinary youth assigned female at birth
  • 18.5% more among transgender girls
  • 17.6% more among nonbinary youth assigned male at birth

“Pediatricians should be aware of the high prevalence of sexual assault among transgender and nonbinary youth, particularly those who have been subject to restrictive school policies, and should consider sexual victimization as a possible contributor to psychological distress and health risk behaviors in gender minority patients.”

The study shows the increased likelihood of assault of transgender youth using the bathroom of their designated gender.

Opposition

NatCen: Curtice et al
2019

“72% of women said that they were “very” or “quite comfortable” with a transgender woman using a female toilet”

Long document on various social attitudes, relevant subject information starts on page 112, which shows poll findings of people’s attitudes towards transexuals.

Opposition
Arenas, A., Gunckel, K., & Smith, W. (2016). 7 reasons for accommodating transgender students at school. The Phi Delta Kappan, 98 (1), 20-24. http://www.jstor.org/stable/24893302
(Regarding the bathroom case for schools)

  1. The Equal Protection Clause of the Constitution’s 14th Amendment makes schools liable for failing to protect the best interests, rights, and safety of their students, including transgender students.
  2. The US legal system has affirmed the rights of transgender employees to use the restroom of their identity in the Cruzan v. Special School District #1 (2002) case, where thee courts denied a teacher’s claims of facing religious discrimination and a hostile work environment that she said resulted from having to share a restroom with a transgender librarian.

Opposition

Hasenbush et al.
2019

“This is the first study to collect public records and analytically compare the safety of public restrooms, locker rooms, and changing rooms in localities that have gender identity inclusive nondiscrimination laws that apply to public restrooms and matched localities that do not have such laws. The results show that the passage of such nondiscrimination laws is not related to the number or frequency of criminal incidents in such public spaces. Additionally, the results show that reports of privacy and safety violations in public restrooms, locker rooms, and changing rooms were exceedingly rare and much lower than statewide rates of reporting violent crimes more generally.”

Study providing analysis on crime and privacy violations, finding them to be rare and emphasising on a lack of empirically grounded support for trans bathroom bills.

Opposition

Weinhardt, L. S., Stevens, P., Xie, H., Wesp, L. M., John, S. A., Apchemengich, I., . . . Lambrou, N. H. (2017). Transgender and gender nonconforming youths’ public facilities use and psychological well-being: A mixed-method study. Transgender Health, 2 (1), 140-150. DOI:10.1089/trgh.2017.0020
https://www.liebertpub.com/doi/10.1089/trgh.2017.0020

  1. 59% of 28,000 transgender respondents reported avoiding using public restroom facilities in the past year because they were afraid of confrontations, with 12% experiencing verbal harassment and 1% reporting being the victim of physical or sexual assault in a public restroom.
  2. Studies have documented mental health outcomes of experiences in public facilities among transgender adults, with individuals who have been denied access to a public facility being 1.45 times as likely to have attempted suicide than those who had not been denied. Seelman found that denial of access to bathrooms or gender appropriate housing was significantly related to suicidality.
  3. Policies that create more restrictive bathroom options for transgender students will likely create environments in which TGNC youth feel less safe in bathrooms and in school. Based on the data, this could lead to an increase in perceived stigma and discrimination, and less resilience, self-esteem, and lower QoL for these youth.

Opposition

Murty, K. S., Holyfield-Moss, B., & Vyas, A. G. (2018). ANTI-TRANSGENDER BATHROOM LAW CONTROVERSY: PROTECTION OR DISCRIMINATION. Race, Gender & Class, 25 (1), 98-119.

  1. Studies also found that the anti-transgender bathroom bills would subject transgender and gender non-conforming people to increased levels of denied access, verbal harassment, or physical assaults in public restroom, which in turn effect their education, employment, health, and participation in public life.
  2. Majority of students perceived that anti-transgender bathroom laws such as the North Carolina HB2 would contribute to the marginalization and stigmatization of the transgender people (61.4%); and, this perception is considerably higher among female students (67.5%) than among male students (47.1%). (Note: This is significant because most of the discussions about bathroom policing have been for female bathrooms)