For my Civic Engagement Project, I have chosen to take a look at restroom usage for transgender students in the United States. There has been much debate surrounding the appropriate way to handle bathroom use for students who identify as transgender, nonbinary, genderqueer, or other trans identities. Some people argue that allowing people of the opposite sex (regardless of their gender identity) into a bathroom could put people of the other sex in danger, while others say that allowing people to use the restroom for the gender they identify as is a basic right and infringing on this is an invasion of privacy. I wanted to take a look at this issue and study some legislation surrounding the transgender bathroom debate, as well as some concerns and some proposed solutions to the issue.
Further reading:
Title IX is one of the most important pieces of recent legislation surrounding transgender Americans. Enacted by the Biden administration in 2023, Title IX is a protection against discrimination based on gender or sex. Part of Title IX addresses restroom usage of students who identify as transgender and how the topic fits into this law, stating that policies that prohibit a student from using the bathroom for the gender they identify as violates Title IX.
Transgender students and school bathroom policies: Title IX ... Congressional Research Service. (2023, April 25). https://crsreports.congress.gov/product/pdf/LSB/LSB10953
Title IX protections, particularly those which focus on transgender students, are currently being threatened by the new presidential administration, with president-elect Donald Trump promising to "...fix your schools, stop the indoctrination... with their transgender craziness."
“Trump Denounces ‘Transgender Craziness’ at Virginia Rally.” YouTube, 3 Nov. 2024, www.youtube.com/watch?v=Bbg3UM8KBvE. Posted by CGTN Europe.
One proposed solution to this issue is introducing gender neutral bathrooms into schools. This video gives a look into a gender neutral bathroom in a Minnesota high school. Bathrooms like this are available for all students to use, but longer doors for stalls, secured/unsecured lock turn labels, and wheelchair accessibility ensure that all students are able to comfortably use this restroom and benefit from the increased privacy.
MPR News. (2023, September 21). What do gender-neutral bathrooms in K-12 schools actually look like?. YouTube. https://www.youtube.com/watch?v=cXGlJZt4O5o
Gender-neutral single stall bathrooms at Charlottesville High School, 2024.
One of the biggest concerns regarding restroom usage for transgender students is the potential of violence. There are many stories of a trans-identifying individual harming a cisgender person in the bathroom of their assigned sex - however, research has found that that the risk of violence is actually higher for transgender students. Studies show that "lacking access to safe, gender identity-congruent restrooms and locker rooms is associated with psychological distress and negative peer attention. Peer victimization, including sexual harassment, is prevalent in this population" (Murchison et al). This violence is something that needs to be taken into consideration when attempting a solution to this issue.
Murchison, G. R., Agénor, M., Reisner, S. L., & Watson, R. J. (2019, June). School restroom and locker room restrictions and sexual assault risk among transgender youth. Pediatrics. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8849575/
Another issue when discussing transgender bathroom usage is nonbinary students. When discussing which bathroom trans identifying children should use (aligning with their sex or with their gender), many discussions leave out students who may not identify as male or female. This article highlights how previous discussions about transgender bathroom usage has left out intersex and nonbinary students, as well as argues for gender inclusive/single stall bathrooms.
Schuver, A. (2024). Scrutinizing the Bathroom Binary: Equal Protection Theories for Nonbinary Students. Michigan Law Review, 122.7, 1519. https://doi.org/10.36644/mlr.122.7.scrutinizing
A 2019 National School Climate survey revealed that nearly half of all transgender or gender non-conforming students avoid using gender segregated spaces such as bathrooms or locker rooms. This article follows American school nurses and how they support these students, both individually as well as helping to bridging the gap between them and their families. This serves to highlight how important the support of school personnel is to those who identify as transgender and ways to approach the issue.
Neiman, T., Sieve, L., Stenberg, L., Molesky, N., & Nic Rider, G. (2021). “Bridging the Gap”: School Nurse Experiences Providing Care for Transgender and Gender Diverse Students and Their Parents/Guardians. The Journal of School Nursing, 39(5), 105984052110254. https://doi.org/10.1177/10598405211025442