Malcolm Rivera
The topic of transgender bathroom access has been a subject of debate in the United States, with various states implementing laws and policies that restrict transgender individuals from using bathrooms that align with their gender identity. These laws, often referred to as bathroom bills, have sparked controversy and raised questions about equality, privacy, and constitutional rights. While some argue that these laws protect privacy and safety, others view them as discriminatory and a violation of transgender individuals' rights to participate fully in public life. The issue has led to legal challenges, with courts providing differing interpretations of anti-discrimination laws, Title IX, and constitutional protections. As of July 1, 2025, bathroom restrictions on transgender individuals are in effect in 19 U.S. states, impacting schools, government buildings, and other public spaces.
| Characteristics | Values |
|---|---|
| Trans people's ability to use bathrooms that match their gender identity | Protected by the Civil Rights Act of 1964 and the Equal Protection Clause of the 14th Amendment |
| Number of states with laws restricting trans people's right to use bathrooms that match their gender identity | 19 as of July 1, 2025 |
| Number of states with no ban on trans people's use of bathrooms | 31 states, 5 territories, and Washington, D.C. |
| Number of states with laws that impact trans people's access to bathrooms based on their definition of "sex" | 15 |
| Number of states with laws banning trans people from using bathrooms that match their gender identity in K-12 schools | 9 |
| Number of states with laws banning trans people from using bathrooms that match their gender identity in K-12 schools and at least some government-owned buildings | 8 |
| Number of states with laws banning trans people from using bathrooms that match their gender identity in all government-owned buildings and spaces, including K-12 schools, colleges, etc. | 6 |
| Number of states with laws making it a criminal offense for trans people to use bathrooms that match their gender identity | 2 |
| Number of states with laws removing anti-discrimination protections for trans people | At least 12 |
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What You'll Learn
- The Civil Rights Act of 1964 and Equal Protection Clause of the 14th Amendment protect transgender bathroom choice
- Trans-inclusive policies allow all people to use the bathroom that matches their gender identity
- Banning trans people from public restrooms is cruel, dehumanizing, and contributes to a climate of fear and judgment
- There is no link between trans-inclusive bathrooms and crimes in bathrooms or locker rooms
- Discrimination against transgender individuals in public accommodations is prohibited in 19 jurisdictions
The Civil Rights Act of 1964 and Equal Protection Clause of the 14th Amendment protect transgender bathroom choice
The Civil Rights Act of 1964 and the Equal Protection Clause of the 14th Amendment protect transgender individuals' right to choose the bathroom that aligns with their gender identity. This is based on the principle that everyone deserves to take care of their bodily functions in safety and privacy. Restricting transgender people's access to bathrooms that match their gender identity is not only cruel and dehumanizing but also puts them at risk of harassment and assault.
Transgender people have long used public restrooms without incident, and most people have shared a public bathroom with a transgender person without even realizing it. Excluding transgender individuals from using bathrooms that align with their gender identity does not protect anyone and only contributes to a climate of fear and judgment. Furthermore, it deprives transgender people of their ability to fully participate in public life, as they may be less able to leave their homes or perform their jobs without risking their health and safety.
Nondiscrimination laws protecting transgender people's access to bathrooms have been in place for a long time, and studies have found no increase in public safety incidents in restrooms or locker rooms. In fact, discriminatory bathroom policies are associated with higher rates of other students assaulting transgender youth. Additionally, there is no link between trans-inclusive bathrooms and crimes in bathrooms or locker rooms.
The Equal Protection Clause of the 14th Amendment, as interpreted in Obergefell v. Hodges (2015), guarantees liberty to all, including the right to make intimate choices that define personal identity and beliefs. This has been understood as protecting the rights of LGBT individuals and ensuring their dignity. The ACLU and other LGBT and liberal groups have argued that laws restricting transgender individuals' bathroom choices violate their civil rights under Title VII and Title IX, which prohibit discrimination based on sex.
While conservative groups have argued that these restrictions protect privacy rights, transgender bathroom choice is a fundamental issue of equality and a basic human right. The Civil Rights Act of 1964 and the Equal Protection Clause of the 14th Amendment thus protect transgender individuals' right to choose the bathroom that aligns with their gender identity, ensuring their safety, privacy, and full participation in public life.
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Trans-inclusive policies allow all people to use the bathroom that matches their gender identity
Trans-inclusive policies are essential to ensuring that all people, including transgender individuals, can use the bathroom that matches their gender identity. These policies are grounded in the recognition that everyone deserves to take care of their basic needs in safety and privacy. Restricting transgender individuals from using bathrooms that align with their gender identity not only infringes on their right to participate in public life but also contributes to a climate of fear, judgment, and increased harassment.
Trans-inclusive policies uphold the fundamental principle that all people should be able to use the bathroom that best matches their identity. This is a matter of common sense and basic respect for the dignity and rights of transgender individuals. By allowing all people to use the bathroom that corresponds to their gender identity, trans-inclusive policies promote inclusivity and help foster a sense of belonging for the transgender community.
Furthermore, these policies do not exclude the existence of separate men's and women's rooms. They simply ensure that transgender individuals are not forced to use private or single-occupancy bathrooms solely because of their gender identity. Excluding transgender people from public restrooms or segregating them to separate facilities reinforces harmful stereotypes and isolates them from the rest of the community. It implies that transgender individuals are somehow different or a threat to others, which is simply not the case.
The implementation of trans-inclusive policies has been supported by various organizations and legal precedents. For example, the National Center for Transgender Equality advocates against discriminatory "bathroom bills" that restrict bathroom access based on biological sex. Additionally, court cases such as the Gavin Grimm lawsuit have affirmed the right of transgender students to use bathrooms that align with their gender identity, with the Department of Education interpreting Title IX as prohibiting gender discrimination in schools that receive federal funding.
While there has been some opposition to trans-inclusive policies, it is important to emphasize that these policies do not pose any additional safety risks. In fact, studies have found that discriminatory bathroom policies are associated with higher rates of trans youth being assaulted by other students. Trans-inclusive policies are a necessary step towards creating a more inclusive and welcoming society, ensuring that all individuals can safely and comfortably use the bathroom that matches their gender identity.
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Banning trans people from public restrooms is cruel, dehumanizing, and contributes to a climate of fear and judgment
Banning trans people from using public restrooms that align with their gender identity is cruel, dehumanizing, and contributes to a climate of fear and judgment. Trans people have long been using public restrooms just like everyone else without incident. Most people have shared a public bathroom with a trans person, even if they didn't know it.
Trans-inclusive policies allow all people, including transgender people, to use the bathroom that best matches their gender identity. Trans-inclusive policies allow for men's and women's rooms and recommend, but do not require, gender-neutral bathrooms. These policies are about more than just bathroom use; they concern the fundamental liberties of privacy, equality, dignity, and identity.
Laws that ban trans people from using public restrooms that align with their gender identity deprive them of the ability to participate in public life. Without the ability to use a public restroom, trans people are less able to leave their homes and maintain employment without risking their health and safety. Furthermore, these laws are based on myths and negative stereotypes about transgender people that spread fear and misinformation. There is no link between trans-inclusive bathrooms and crimes in bathrooms or locker rooms.
In fact, studies have found that discriminatory bathroom and locker room policies are associated with higher rates of other students assaulting trans youth. Bathroom bans only put transgender people and anyone who doesn't conform at risk. Improving access to public spaces is good for everyone, while policing bathrooms has resulted in elevated harassment in restrooms, including against cisgender women who might not fit gendered stereotypes.
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There is no link between trans-inclusive bathrooms and crimes in bathrooms or locker rooms
There is a growing trend of anti-transgender bills and proposals in the US that seek to restrict transgender people from using public restrooms that align with their gender identity. These include proposals that would force transgender men to use women's bathrooms and transgender women to use men's bathrooms. Such proposals are based on intentional falsehoods, fearmongering, and demonization, which pose a threat to the health and safety of transgender people.
Trans-inclusive policies, on the other hand, allow all people, including transgender people, to use the bathroom that best matches their gender identity. These policies do not violate anyone's religious freedom and simply ensure that transgender people can participate in public life according to their identities. There is no evidence to support the notion that trans-inclusive bathrooms lead to an increase in crimes in bathrooms or locker rooms. In fact, research shows that there is no increase in public safety incidents in restrooms or locker rooms when nondiscrimination laws protecting transgender people are in place.
The Harvard School of Public Health's 2019 LGBTQ Teen Study revealed that transgender and non-binary teens face a higher risk of sexual assault when forced to use bathrooms and locker rooms that don't match their gender identity. The study found that 36% of transgender or gender-nonbinary students with restricted bathroom or locker room access reported being sexually assaulted in the previous 12 months. Additionally, nearly three-quarters of transgender students (70%) said they had avoided bathrooms because they felt unsafe or uncomfortable.
Excluding transgender people from public restrooms does not protect anyone and only contributes to a climate of fear and judgment. Banning transgender people from using facilities that align with their gender identity deprives them of the ability to participate fully in public life. Transgender people are already at an elevated risk of harassment and violence, and bathroom bans only serve to increase this risk.
In conclusion, there is no link between trans-inclusive bathrooms and crimes in bathrooms or locker rooms. Restrictive bathroom policies are discriminatory, isolating, and harmful to transgender individuals, and they do not enhance public safety. Transgender people deserve equal access to facilities to safely exist and participate in public life.
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Discrimination against transgender individuals in public accommodations is prohibited in 19 jurisdictions
In the United States, the rights of transgender people vary considerably by jurisdiction. While there has been an expansion of federal, state, and local laws to protect transgender Americans, many rights remain unprotected, and some are being eroded. As of June 2018, 19 jurisdictions (18 states plus Washington, D.C.) had adopted laws prohibiting discrimination against transgender individuals in public accommodations. This means that transgender people in these jurisdictions are legally protected from being unfairly refused service, denied entry to, or otherwise discriminated against in public places based on their gender identity.
Public accommodations refer to businesses, not public restrooms. However, access to restrooms that are open to the public may also be subject to a public accommodations law. Denying a transgender person access to a public restroom that matches their gender identity might qualify as discrimination, depending on specific state and local laws. Some states have passed so-called ""bathroom bills" that restrict the use of bathrooms by transgender people, forcing them to use facilities that match their biological sex rather than their gender identity. These laws have been criticised as cruel, dehumanizing, and contributing to a climate of fear and judgment.
Trans-inclusive policies, on the other hand, allow all people, including transgender people, to use the bathroom that best matches their gender identity. These policies do allow for men's and women's rooms and recommend but do not require gender-neutral bathrooms. Trans people have long been using public restrooms just like everyone else without incident, and most people have shared a public bathroom with a trans person, even if they didn't know it. There is no link between trans-inclusive bathrooms and crimes in bathrooms or locker rooms.
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Frequently asked questions
Laws that restrict transgender people's access to bathrooms have been associated with higher rates of students assaulting trans youth. They also contribute to a climate of fear and judgment, making transgender people nervous to take care of their basic needs.
Bathroom bills are laws that require that the bathrooms a person uses are determined by their biological gender at birth. They are considered discriminatory against transgender people.
The Civil Rights Act of 1964 and the Equal Protection Clause of the 14th Amendment protect the right to use the restroom that aligns with one's gender identity. Title IX, a federal law prohibiting gender discrimination, has also been interpreted to include discrimination against people based on their gender identities and their use of bathrooms.
In 2018, Massachusetts passed the Gender Identity Anti-Discrimination Veto Referendum. In 2019, the US Department of Education interpreted Title IX to include discrimination against people based on their gender identities and their use of bathrooms. In 2024, Gov. Chris Sununu of New Hampshire vetoed a bill that would have permitted the "classification of individuals based on biological sex" in bathrooms.
