Take a moment to think about who you are as a person. Think about all the things that compromise your existence; your personality, your habits, your interests, your style, your likes and dislikes, etc. Now imagine that you are the exact same person you are right now, but your body is different. Imagine that you're suddenly of different sex while being the same gender you've always been. Imagine that who you are is assumed by the characteristics of your body even though those characteristics don't match who you believe yourself to be.
This could be a struggle to other cisgender individuals. Our bodies fit with our minds like perfect puzzle pieces. Perhaps we struggle with our bodies in different ways - people of all gender identities do - but we're still blessed to have sexes that match our genders. We don't know what it's like to be misgendered, to be discriminated against on basis of gender identity, or to be told that our gender identities are invalid. We are privileged enough to not know what that's like.
Having not had the experience ourselves, it can be hard for cisgender people to relate to transgender people. However, this doesn't mean that we shouldn't try to understand how they feel. As fellow human beings, it is our job to accept these people. It is our job to call them by the pronouns they wish to be called, to respect their privacy, and to fight for their basic human rights. We are, after all, just people. We're not really that different.
Unfortunately, this is not how our world works. People are scared of what they do not understand, and instead of trying to understand, people often become hateful. It's for this reason that transgender people are bullied, oppressed, and invalidated.
Now, with Trump's administration in charge at the White House, transgender discrimination is only getting worse. Donald Trump revoked Obama-era guidelines- which had already been put on temporary hold by a federal judge in Texas- stating that public schools should allow transgender students to use the bathroom they identify with (Gajanan 2). While these guidelines weren't technically law, they threatened public schools with loss of federal funding or a lawsuit if they failed to follow them.
Now that these guidelines have been revoked, many transgender students will lose their right to use the bathroom they feel comfortable in. Only 19 states have non-discrimination laws protecting against gender identity discrimination, meaning the following 31 states may force transgender students to use the bathroom in accordance to their biological sex (ACLU):
Alabama
Alaska
Arizona
Arkansas
Florida
Georgia
Idaho
Indiana
Kansas
Kentucky
Louisiana
Michigan
Mississippi
Missouri
Montana
Nebraska
New Hampshire
New York
North Carolina
North Dakota
Ohio
Oklahoma
Pennsylvania
South Carolina
South Dakota
Tennessee
Texas
Virginia
West Virginia
Wyoming
This means that in these 31 states, it is up to the public schools themselves to decide their policy on transgender bathroom use. This leaves plenty of transgender youth at risk for discrimination and abuse. To get an understanding of just how many people are at risk, here's a breakdown of the numbers:
As of Fall 2011, there were a total of about 30.7 million public school students enrolled in these 31 states (NCES). That number was projected to grow to 31 million in 2015, so let's say that's about how many students attend public schools in those 31 states. How many of these students are transgender is much harder to determine, as true statistics for the transgender population don't exist. In 2011, the William's Institute estimated that 0.3% of the adult population is transgender. But that's still just an estimate, and it also only applies to adults.
For the sake of getting a number, however, let's say that this percentage applies to students. According to the National Center for Education Statistics, there were 50.4 million students attending public school and 5.2 million students attending private school in the U.S. in the fall of 2016. If 0.3% of the student population is transgender, then there are about 166,800 transgender students in the United States. Proportional to the 31 million public school students in the 31 vulnerable states, this amounts to 93,000 at risk for gender identity discrimination.
Of course, many different estimations and generalizations were made in the calculation of this number. It could be significantly smaller- or it could be significantly larger. The fact of the matter is that it doesn't really matter. As far as I'm concerned, invalidation of one transgender person's identity- student or otherwise- is one too many.
The only use of Trump's revocation is tell transgender people that the highest institution of the United States doesn't accept their gender identity, that they don't accept who they are, and that they are not welcome to express their truth. People say that it's about the protection of women, because if transgender women (born biologically male) can walk into a woman's bathroom, then so can any man. People are claiming to be worried about women's safety.
But here's what I don't get: As of now, it's illegal for a man to go into a bathroom and assault a woman.
If transgender people were allowed to go into the bathroom that corresponds with their gender identity, it would still be illegal for a man to go into a bathroom and assault a woman.
In fact, it's illegal for anyone - transgender or not - to assault another person, and if the assault is reported and the law works how it's supposed to, then they will be punished.
Letting transgender people use the right bathroom won't change the criminalization of assault, nor will it increase the likelihood of a man going into a bathroom. If a man is sleazy enough to pretend to be transgender and go into a women's bathroom, then he's sleazy enough to sneak into a bathroom now. Why would it make any difference?
People aren't afraid of woman being assaulted. It doesn't make enough logical sense. They're just using it as an excuse to deny transgender people their rights, whether they're conscious of that or not.
In not letting trans kids use the bathroom they wish, this country is causing way more harm than bathroom inclusion ever would.
Across this country, young kids are being forced into bathrooms they don't belong in. A little girl is walking past the wall of urinals to go into the privacy of a stall. A little boy is running in and praying that there are no girls inside. A 12-year-old kid is getting beat up in the bathroom because they look out of place, and no teacher is there to stop it.
Principals are taking students into their office, giving them detention for being in the "wrong" bathroom.
The authority figures of our public school system are inflicting psychological harm onto trans kids when they have plenty of it already.
No wonder the rate of transgender suicides is so high; on every level of power, from principal to President of the United States, transgender people are invalidated.
The good news is that not all hope is lost. Gavin Grimms, a 17-year-old transgender boy from Virginia, is going in front of the Supreme Court next month after suing his school district for not letting him use the men’s restroom (Karimi 11). Their ruling will be a crucial moment for transgender rights. Additionally, Trump’s ruling doesn’t change the existence of Title IX in the Education Amendments Act of 1972, a federal law that states: “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” (NCAA 1). This federal law applies to transgender students as well, so thus should be protected under law.
Lastly, there are still 19 states that specifically prohibit discrimination based off of gender identity; our trans brother and sisters there are still safe. Or at least protected under the law.
This country has never been good at providing the equality it promised for. Many of us have realized this by now. The actions of President Donald Trump make it more evident than ever before. Yet I’ve said it before, and I will say it again; we will get justice. Humans will always keep progressing, even when things take a step back. As long as we continue to fight for what is right, trans kids will be equal. Some of us may not live to see it, and many awful things may happen before we get there, but one day, we will reach equality.
In the mean time, we will do what we can to protect trans kids.
Here’s another article you can read if you would like to get started: 8 Things You Can Do Now To Protect Trans Kids
Works Cited:
"Enrollment in Public Elementary and Secondary Schools, by Region, State, and Jurisdiction: Selected Years, Fall 1990 through Fall 2023." National Center for Education Statistics. National Center for Education Statistics, n.d. Web. 25 Feb. 2017.
"Fast Facts." National Center for Education Statistics. National Center for Education Statistics, n.d. Web. 25 Feb. 2017.
"Non-Discrimination Laws: State by State Information - Map." American Civil Liberties Union. American Civil Liberties Union, n.d. Web. 25 Feb. 2017.
"Title IX Frequently Asked Questions." NCAA.org. NCAA, 27 Jan. 2014. Web. 25 Feb. 2017.
Gajanan, Mahita. "Trump Transgender Bathroom Memo: What It Means for Kids." Time. Time, 24 Feb. 2017. Web. 25 Feb. 2017.
Gates, Gary J. "How Many People Are Lesbian, Gay, Bisexual and Transgender?" Williams Institute. UCLA School of Law, 28 Mar. 2013. Web. 26 Feb. 2017.
Karimi, Faith. "Trump's Reversal on Transgender Directive: How We Got Here." CNN. Cable News Network, 23 Feb. 2017. Web. 25 Feb. 2017.
