You might have noticed an increasing amount of potty talk popping up in the media concerning who has a right to use what bathroom. You might even be wondering why it’s such a big deal. If you have male bits, use the male bathroom; if you have female bits, use the female bathroom, right? Not necessarily.
While a great majority of people fit into cisgender roles (that is, they identify as the gender of the body with which they were born), there are a great many who do not. Some people even switch between the two or don’t identify as any gender whatsoever. For these people, the business of doing their business can be a struggle and a source of mild to extreme anxiety just because they have to decide which door would be most appropriate to step through. Just think of Spongebob’s struggle when he went to Rock Bottom and had no idea where he and Patrick were allowed to secrete.
Unfortunately, for some people, this is not a joke like it is in Spongebob. They are faced with this difficult decision on a regular basis. Their options are: A) Go in the bathroom designated for their birth-assigned sex and feel uncomfortable in their gender expression OR B) Go into the bathroom appropriate for their gender and still feel uncomfortable because society has told them conflicting ideas as to whether or not that’s okay.
In fact, according to a study conducted in DC, 70% of transgender respondants reported having experienced negative reactions to their attempts to use public restrooms. Deciding where to make water should not require this much thought or stress and a lot of cisgender people often don’t realize how important it is to accept a non-cis individual’s choice of bathroom. For further reading, you can read the testimony of Charlie Comero who was forbidden to use his preferred bathroom by state law.
To combat this prejudice, the Obama administration recently declared that, under Title IX, the definition of “sex” should include gender and would thereby allow transgender people to use the bathroom that matches their identity.
Title IX states that: No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.
A large concern has been raised over this issue concerning public school bathrooms and locker rooms. Apparently, parents don’t want little “boys” walking in on little girls or “girls” getting undressed in front of boys. They are also concerned that men in wigs are just going to waltz into bathrooms and rape women despite that, in 2010, 75% of female rape victims knew their assaulter beforehand and the attacks often occurred within private residences. Some are so concerned that certain states have legally outlawed the right to choose bathroom based on gender identity.
So, why does picking a place to pee have to be so hard? The simple answer is that some people have trouble accepting the separation between gender and sex, and that gender is not only a spectrum, but for some it is even fluid. Luckily, all-gender or gender-neutral restrooms are starting to pop up, removing at least some of the anxiety for non-cis individuals. As far as segregated bathrooms stand, the issue is still considered touchy because, ultimately, it’s not just about going to the bathroom. It’s about the recognition of the separation of gender from sex, the right to express it, and the fact that this expression should be honored and respected.