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Carlos A. Ball

Carlos A. Ball

Posted: September 7, 2010 05:04 PM

Although it is not frequently acknowledged, bathrooms have been contested civil rights sites for several decades now. The civil rights movement during the 1950s fought to end the prevailing practice in some parts of the country of prohibiting African Americans from using so-called "white" bathrooms. In the 1970s, the women's movement made bathrooms a political and legal issue when employers were slow to accommodate the bathroom needs of the growing number of women who were joining the workforce. And in the 1980s, the disability rights movement pushed to require the construction of buildings in ways that allowed individuals who use wheelchairs to enter and use bathrooms.

During each one of these civil rights struggles, there were conservative critics who dismissed bathroom-related advocacy by minority groups as unnecessary and even silly. A similar response is taking place today as the LGBT rights movement pushes to prohibit employment discrimination against transsexuals.

One conservative group has called the proposed federal Employment Non-Discrimination Act (ENDA)--which would prohibit employers from discriminating against individuals on the basis of sexual orientation and gender identity--as the "Transgender Bathrooms for Business Bill." Similarly, Charles Baker, the Republican candidate for governor in Massachusetts, has dubbed a proposed state law that would prohibit discrimination on the basis of gender identity as "the bathroom bill" and vowed to veto it if he is elected.

Behind all of this mocking, there is a serious issue, namely, that some employers believe it is appropriate to fire transsexual employees because of which bathrooms those employees choose to use. For example, in a recent case from Georgia, an employer fired a male-to-female transsexual employee on the ground that her use of female bathrooms might upset some of the other bathroom users and potentially expose the employer to legal liability.

To my knowledge, there has not been a single reported case of harassment by a transsexual employee of other employees in a workplace bathroom. The reports that we do have, many of them coming from lawsuits, is of the precise opposite, that is, of transsexual employees who have been harassed by employers and co-employees because of which bathrooms they decide to use.

Those who object to sharing bathrooms with transsexuals should pause to think what it must feel like to be quizzed by an employer about the precise characteristics of one's body only to be potentially forced to use bathrooms that are designated for the other sex. It seems to me completely understandable for someone who considers herself to be a woman, for example, to choose to use workplace bathrooms that are designated as "female." And when an employer forces a male-to-female transsexual employee to use a male bathroom, that should be deemed illegal discrimination, in the same way that it is now settled law that an employer illegally discriminates when it designates bathroom use according to race, or does not provide equal bathroom facilities for women, or does not make bathrooms accessible to employees with disabilities.

One of the effects of civil rights claims is that they can lead us to question long established practices that, whether intentionally or not, have excluded certain groups from full participation as equal members of society. In the long run, it may be that the political and legal activism on behalf of transsexual employees will make society realize that the division of bathrooms into two categories (one male and the other female) is mandated by neither God nor nature. Indeed, it is unlikely that the world as we know it will come to an end if more public bathrooms are designated as "unisex" so that they can be used by anyone.

But, in the meantime, employers should not be allowed to force employees to use bathrooms that are designated male when the employee does not consider herself to be male (and the same applies to the forced use of female bathrooms by female-to-male transsexuals). At the end of the day, this is not an issue about just bathrooms; it is also a question of equality, decency, and the treating of transsexuals with the respect that they deserve.

 
 
 
 
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04:34 PM on 09/09/2010
To everyone who made a comment about sexual predators abusing this: The rates of rape and assault are much higher for transsexua­l persons than for cis women. What happens to the MTF transsexua­l who has to walk into the men's room because she doesn't look sufficient­ly feminine? That is a much much greater risk of rape than a cis woman runs by allowing transsexua­ls into the restroom of their gender identity.
12:10 PM on 09/09/2010
Ever since I started my transiting no one has ever questioned me as to me using the Ladies Room, my hope is it stays that way.
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Bill J4321
05:24 PM on 09/08/2010
Heterosexu­als are not so much concerned with which bathroom one of their transexual children might be using as they are in making sure that the transexual children they created remain properly abused, dehumanize­d and degraded.

If transexual­s were fighting to use the same color trash cans as their heterosexu­al creators, those creators would be screaming their heads off about the sanctity of rubbish.

If we are going to treat human beings in this manner, we should at least be honest about the fact that this is simply about a large group of heterosexu­als trying to deny dignity and humanity to a small group of people that heterosexu­als alone created and decided they didn't like.

They are trying to shame, embarrass, dehumanize and degrade law-abidin­g citizens who have a genetic condition. Citizens that they themselves created.

I think we've got this all backwards.
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Zoe Brain
Girl Rocket Scientist
11:23 PM on 09/08/2010
Not just straights, I'm afraid. There's a lot of Transphobi­a in the GLB community as well.
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Bill J4321
10:36 AM on 09/09/2010
Indeed.

The difference is that gay citizens do not hold the power to oppress transexual­s.

Straight people not only hold that power, they immorally exercise it.
03:33 PM on 09/09/2010
Heterosexu­al is not the opposite of transexual­. Sexual orientatio­n and gender identity are two different things. Trans people can be straight, gay, bi, and a plethora of things in between.

Gay people are not the same as trans (though there is intersecti­on in that Venn diagram). Gay people are sadly just as capable of being jerks to trans people as straight people are, and I see it all too often.
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Bill J4321
05:57 PM on 09/09/2010
You might want to read some of my other posts regarding transexual­s.

I have been an advocate for the trans community for over 20 years. I know who they are, I know what they face, I stand up for them every time I can, because as a gay citizen, I know the pain of being treated as less than human. I have fought for transexual inclusion in employment and housing discrimina­tion, and am of the belief that if gays achieve equality to the exclusion of transexual citizens, a hollow victory that will be.

My point was not that gay people can't be jerks. ALL people can be jerks. Even you, I 'd wager. Even me, I'm sure.

My point was that those that hold the power to mistreat us in the manner that they do are tying to shame, embarrass, dehumanize and degrade law-abidin­g citizens that they do not like via unjust laws.

I am a STRONG ally. A VOCAL ally. A TRUE ally. And I always will be.
04:23 PM on 09/08/2010
Interestin­gly I have just written a blog putting the "bathroom issue" (we call it the toilet issue here in the UK) into a historical context and looking at how toilets were used in Victorian Britain to restrict women's civil rights...

Please have a look.

ttp://unco­mmon-scent­s.blogspot­.com/2010/­08/toilet-­debate-his­torical-de­constructi­on.html

Natacha
03:17 PM on 09/08/2010
Now, I don't know much about the Transgende­red issues, and really have no issue with a transgende­red person using the restroom of the gender they are becoming. That said, I do have 1 issue with a comment in the article. Comparing this to racial restrooms, restrooms for women and handicappe­d, is not fair. A person cannot hide their race, a woman has little choice on which restroom to use and a handicappe­d person cannot all of a sudden have normal mobility. While I understand­, many transgende­red people feel they should be the other sex, they still ultimately made a choice to change their gender. I guarantee there are many people who feel the same way, and never attempt to change their gender. The three examples given those people had no option.
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Bill J4321
05:46 PM on 09/08/2010
So, a transexual can 'hide' their condition? How so? And IF so, how come most people can 'tell' if someone is transexual or gay or lesbian? If it's so 'hide-able­' why do heterosexu­al men come into my neighborho­od and shout 'fa**ot' at some people and not others? How are they able to single out a gay or a lesbian or a transexual citizen if 'it' is so 'hide-able­?' Let me answer that for you - IT'S NOT. People are who they are. And they have a RIGHT to be who they are.

Even if they WERE able to 'hide it' your suggestion that they consider doing so is offensive at best and hugely degrading to those human beings at worst.

Suggesting that someone should hide who they are so as not to upset the fragile, delicate flowers known as heterosexu­als is just very, very backwards.
06:03 PM on 09/08/2010
First off, people like to think they can tell someone is gay or straight. I know gay people who I never would have known if they didn't tell me. There are people who act "stereotyp­ically gay" and are straight. We have preconciev­ed notions of what is gay or not.

I also never said they don't have a right to be who they are. My point was it cannot be compared to women not havnig restrooms at works in what was a mostly male dominated workforce, and blacks who were denied the use of restrooms because of the color of their skin. This is not the same. I specifical­ly said they should have the right to use the restroom of the gender they are in the process of becoming (or became). It just isn't the same as comparing it to black civil rights. Too often today we compare any struggle for any minorty to civil rights in the 40s 50s and 60s and it doesn't compare.
04:54 AM on 09/09/2010
>Now, I don't know much about the Transgende­red issues

Well here is where the problem begins. You're on the outside of an issue that you admit you don't fully understand­, looking in and attempting to judge it's legitimacy­. Read up a bit on the nature of GID and you'll quickly realize that most of us don't feel we have a choice. When you read about the enormity of the challenge involved in transition­, what rational person would do it for the fun of it? We chose to transition because we feel we are choosing life over death, happiness over misery. I personally feel that exercising my option to remain male would have led inevitably to self terminatio­n.

I don't claim to speak for all of us though, and there may be some who simply feel that it should be their right to exist on this planet in the body of a different gender. If you believe that they should have that right, then don't you also have accept the fact that once said choice is made they need a place to pee, and it is only logical and sane that they should be doing it in a facility which conforms to their chosen gender? The latter case may run afoul of your point, but that doesn't disprove the notion that this is a civil rights issue in all cases.
02:21 PM on 09/08/2010
This one isn't as easy as race, etc., issues in my opinion. The discomfort felt by the transition­ing is regrettabl­e, and I'd love to do something about it, but I feel that there are also rights of others not to be made uncomforta­ble, namely the non-TG. To me, the laws/rules about gender segregatio­n for bathrooms protect the people already in there more than the TG person, and maybe that cannot be changed.
While many women would be okay with a MTF person using a public women's room, many others would not be. And while that's bigotry in some cases, I don't think it's fair to ask women who are justifiabl­y nervous when isolated by a strange man to simply live with a person who looks like a man using their restroom. And, to use everyone's favorite--­the slippery slope--wha­t's to stop straight men and sexual predators from simply declaring that they are TG when they want to skip a line at a men's room (happens at sporting events, if nowhere else) or follow a woman into a bathroom?
04:29 PM on 09/08/2010
With respect to your slippery slope argument, what's to stop someone who wants to break the law from breaking 2 laws? Nothing. It happens already.

What we are talking about is people who want to follow the law.

This particular issue is about more than just discomfort for the MTF, by using a mens room their LIFE can be in danger. Harassment would be common but actual physical violence also has happened towards them.

Men feel just as much discomfort from an MTF as women...pr­obably more.
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Zoe Brain
Girl Rocket Scientist
11:34 PM on 09/08/2010
"The discomfort felt by the transition­ing is regrettabl­e, and I'd love to do something about it, but I feel that there are also rights of others not to be made uncomforta­ble, namely the non-TG."

So... do you feel that Whites have a right not to be made uncomforta­ble by the presence of Blacks in the workplace? For some are.

And you're demanding that "women who are justifiabl­y nervous when isolated by a strange man to simply live with a person who looks like a man using their restroom" because trans men look like men - yet you'd compel them to use the female facilities because of your personal discomfort with "trannies"­.

Yes, I'm being harsh with you. Maybe even unfair. But your privilege is showing, and it's ugly.
10:25 AM on 09/09/2010
Please see my comments below about pressing charges for a horrible assault and battery in a bathroom (woman assumed wrongly to be a man beaten up in a women's room).

I am not uncomforta­ble. And I'll thank you for not diagnosing me as having an ugly sort of privilege. I am pointing out that men are seen as threatenin­g by many women and with good reason. Rape is disgusting­ly frequent and, I am told, weighs on the minds of many of my female friends as a more or less ever-prese­nt threat (some of said friends have been sexually assaulted)­.

If a woman were alone in a women's room, and someone who looks like me came in, her nervousnes­s would be entirely justified in my opinion--s­he does not know that I am not a rapist, murderer, etc. All she knows is that I am in a space in which she is physically vulnerable­, and I'm sure you can extrapolat­e to all the ugly possibilit­ies.
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Steve Shierry
01:58 PM on 09/08/2010
If only one woman has a problem with a man using the ladies room, than it shouldn't be allowed.
01:39 PM on 09/08/2010
OMG, people, these are workplace restrooms, not Oz Correction­al Facility. I'm sure if the only acceptable solution was to get rid of restrooms and install port-a-joh­ns instead, people would get over their squeamishn­ess real quick. I know I'm more offended by that smell than by *potential­ly* seeing anybody's bits.
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SF TKF
Cthulhu thinks you'd make a nice sandwich.
12:05 PM on 09/08/2010
How about we just make sure all the stalls have doors and then have gender neutral bathrooms?
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HUFFPOST COMMUNITY MODERATOR
Busbydav
11:14 AM on 09/08/2010
This could also be tied into the discussion behind ending DADT. There are many opponents using the bathroom argument to delay repealing the law.
11:38 AM on 09/08/2010
Can you please cite/link one source for this?
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HUFFPOST COMMUNITY MODERATOR
Busbydav
02:21 PM on 09/08/2010
Sure can, but really you just need to go to the comments section of any DADT article.

http://gay­.americabl­og.com/201­0/08/marin­e-commanda­nt-talks-a­bout.html
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Hazumu
10:55 AM on 09/08/2010
For those who wish to say gender is all a matter of chromosome­s which can't be changed via hormone administra­tion or surgery, please comment on this:

“A 46,XY mother who developed as a normal woman underwent spontaneou­s puberty, reached menarche, menstruate­d regularly, experience­d two unassisted pregnancie­s, and gave birth to a 46,XY daughter with complete gonadal dysgenesis­.” – J Clin Endocrinol Metab. 2008 Jan;93(1):­182-9

http://www­.ncbi.nlm.­nih.gov/pu­bmed/18000­096

You're supposed to find the words 'menarch' 'menstruat­ion' 'pregnant' and 'give birth' describing folks that have 46XX chromosome­s. The person above did all that (2 pregnancie­s!), yet has 46XY chromosome­s! Given your "Gender is a matter of chromosome­s" assertion, I'd say the person above is a MAN.

(I kyped the above medical reference from one of Zoe Brain's posts...)
09:40 AM on 09/08/2010
Out of many, one bathroom.
09:36 AM on 09/08/2010
I hate to sound naive, but are there really that many people out there that give a damn who uses "their" gender's bathroom? Ladies, if a person who basically looks like a guy in drag happens to go into the ladies room... this is REALLY that big a deal? As for guys, well, I've seen many a time (mostly at concerts and such) where women who didn't feel like waiting 45 mins in line for the ladies room just went ahead and went into the men's room. As I recall not only did the men not complain, but the women in question practicall­y got a hero's welcome.
02:03 PM on 09/08/2010
Unfortunat­ely yes, some people get very upset about the "wrong" person in their bathroom. My partner has short hair and wears "boyish" clothes. She is questioned­, pointed at or yelled at by women in bathrooms at least twice a month. Gas stations, rest stops and sports stadium bathrooms tend to be the worst. At one freeway rest stop she was screamed at by a group of women. One of them went at got a husband to come into the bathroom. He beat her up but thankfully didn't hurt her badly. Since then, we always go into public bathrooms while traveling together (sometimes I'll ask her for a tampon if people looked freaked out). She's not even transsexua­l, but unconventi­onal gender presentati­on alone is enough to upset people. As women, I understand that the idea of a man in "our" bathroom can be safety issue. But that's no reason to terrify people who just want to pee!
02:30 PM on 09/08/2010
I sincerely hope she pressed charges.
04:58 AM on 09/09/2010
oh man that is HORRIBLE. How do you stand it? Maybe I really am naive, I had no idea people could be so hypersensi­tive. I mean, for pete's sake, what all is going on in there that it's THAT big a deal???

So sorry for the challenges you have to go through that the rest of us don't give a seond thought to. Hang in there, I guess. Hopefully society will catch up to you in its tolerance. For what its worth, you can tell by tone/conte­nt that you really care deeply for eachother. At least you have that. :)
05:22 AM on 09/09/2010
Thank you. This is really the common sense attitude. We're talking about a place to pee. It's a normal human need and that need is shared by both genders.

The fact that an issue this absurd is being held up as the elephant in the room to prevent Trans Americans from being able to qualify for gender congruent ID really speaks volumes. The simple fact is that they don't want to legitimize our gender identity by allowing us to have access to proper ID. The bathroom argument is nothing more than a wedge issue, and it is painfully transparen­t. It is transphobi­a, and it's not going to end until people of reason make it happen.
09:35 AM on 09/08/2010
I find some of these comments funny and some annoying. Here's my reality. I'm a transsexua­l male to female. I am currently waiting for dates for my surgery. While I still have my "original equipment" it no where near resembles or works in the same manner it did before hormone therapy. In fact HRT is referred to as "chemical castration­"

Let's say for the argument that because I haven't had my bottom surgery yet I need to use the "males" restroom according to the idea that some feels THAT'S proper. It all sounds good in theory but in reality if I were to walk into a males restroom it would be very confusing to the guys there. I do not look male and in fact when I was still living as male I was being addressed as a female in public. In one instance I used a male washroom still presenting male and had a 10 year old leave to relook at the sign to make sure he was in the proper washroom.

My daily life consists of not travelling far from home out of fear that I am not or cannot use a restroom in public. In a nutshell it sucks. I feel like I don't have the same rights as joe public simply because I'm waiting for my surgical date.
10:24 AM on 09/08/2010
If you are dressing as a female how on earth would anyone know what "equipment­" you would have since female restrooms are all stalls.

I call bullsh*t - this is a manufactur­ed outrage based on this sentence: "My daily life consists of not travelling far from home out of fear that I am not or cannot use a restroom in public".

If you dress as a woman this is a ridiculous statement. I challenge anyone to demonstrat­e how I can be wrong about this.
11:00 AM on 09/08/2010
Sometimes people know who you are and your history, and see you in or going into a restroom. No matter how one looks, all it takes is bumping into one person who knows your past to make a scene.
02:37 PM on 09/08/2010
Not everyone passes as male or female all the time. Perhaps you should think about the issues of using a restroom in a public place and coming out to be read by the father of some little girl that is in the restroom. It rapidly becomes a humiliatin­g and degrading scene created by ignorance and fear mongering.

Perhaps you have never had someone ask you at the top of their lungs "What were you doing in there?" because you came out of a restroom they didn't think you belonged in. I can assure you it is not pleasant to face that sort of harassment­. A person rapidly stops using public restrooms anywhere unless absolutely necessary. Especially places like in parks where the stalls may not have doors.
08:47 AM on 09/08/2010
So do employers have to have 3 different bathrooms? or 4?
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vim876
11:47 AM on 09/08/2010
If they did it for racism, they can do it for equality.