Over the course of the past few months, the news has been inundated with stories surrounding so-called “bathroom bills.” These pieces of legislation, proposed in Arizona, Florida, Texas, and Kentucky, among other states, seek to restrict transgender people from using restrooms that is in line with their gender identity. These laws have been classified as a “protective” measure by legislatures. According to this line of thinking, if given a legal blessing, men could freely enter into female restrooms and ruthlessly assault women. This rhetoric was in play during the contentious debate regarding the implementation of HERO (Houston Equal Rights Ordinance) in Texas. The proposed bill would have barred discrimination based on gender identity and sexual orientation, in addition to the thirteen classes already protected under federal law.
The catchphrase for the opposition to this bill was succinct and simple: “no men in women’s bathrooms.” Former Houston Astro’s star Lance Berkman stated in a radio ad opposing the bill that it would allow “troubled men to enter women’s public bathrooms and showers.” This adds up to one compelling and, quite frankly, frightening narrative. No one wants their daughters sexually assaulted while using a public restroom. However, there is one problem with this fear: there have been zero cases of trans people assaulting men or women while using the restroom. It has never happened. In fact, the states that do have non-discrimination ordinances on the books, have reported no problems or unintended consequences of the legislation.
Furthermore, trans people are far more likely to be the victim of a violent crime when using the restroom, not the other way around. In fact, one in two transgender individuals are sexually assaulted at some point in their lives. When one looks at the debate surrounding HERO in this context, the events take on much more of an insidious and blatantly disingenuous tone. And, on another level, the argument used by opponents of HERO is simply unnecessary. What could have turned into an interesting debate about the limits and expressions of state authority instead devolved into baseless and hysterical fear mongering.
The same, primarily religious, opponents of HERO are quite similar to those who proclaimed that the legalization of gay marriage would inevitably lead to the open tolerance of bestiality and pedophilia. However, now that the issue of gay marriage has been settled, the next battleground for LGBT rights will center around the private sphere. Should a business be compelled to provide a cake for a gay couple? No one has any idea of knowing where these debates will lead, or what our court system will eventually decide. However, for the sake of all the intelligent and well-read Americans in this country, let’s have a debate focused upon actual, verifiable issues.
Baseless fear mongering and infantile shouting is of no use to anyone. The transgender community in this country are a minority that desires what any group of people yearns for, to be treated equally. They are not “troubled men,’ they are individuals who deserve to be treated with dignity and respect.
