upworthy

restrooms

On Feb. 22, the Trump administration formally rescinded Obama-era guidelines protecting transgender students from discrimination — but hope for trans students remains.

The Obama administration's now-rescinded letter was merely guidance to school districts as to whether existing law provides anti-discrimination protection on the basis of students' gender identity, something that's likely to be determined this year when the Supreme Court hears 17-year-old transgender student Gavin Grimm's case.

What makes the Trump administration's action harmful is not a matter of whether this changes the rights of trans students (it doesn't or, at least, it shouldn't). It's harmful because it signals to those who want to deny those rights that the administration won't intervene on behalf of trans students.


Gavin Grimm protests outside White House in support of trans students. Photo by Oliver Contreras/Sipa USA via AP.

In response, protests popped up in New York, Washington, and San Francisco to show support for trans students.

Grimm addressed the crowd at a demonstration near the White House, while others made their voices heard outside New York's LGBT landmark Stonewall Inn and San Francisco City Hall. Trans youth, trans adults, and their allies set out with a simple message: Trans rights are human rights.

8-year-old trans child Tal Moskowitz held a sign at the New York rally. AP Photo/Kathy Willens.

Sara Kaplan (L) and her 9-year-old transgender son James attend the San Francisco protest. AP Photo/Jeff Chiu.

New York. Photo by Kena Betancur/AFP/Getty Images.

New York. Photo by Kena Betancur/AFP/Getty Images.

A recent estimate from UCLA's Williams Institute shows that around 150,000 youth between the ages of 13 and 17 identify as transgender — roughly 0.7% of the population.

What the Obama White House tried to do with its guidance letter is urge states and school districts to ensure that none of those 150,000 teens face discrimination for no reason other than who they are. Instead of having to deal with this on a case-by-case basis for every school district — which, as Grimm's upcoming Supreme Court case demonstrates, leads to confusion and lawsuits — the federal government tried to clarify that. Trump's move makes those waters as murky as they were before, if not more so.

Photo by Kena Betancur/AFP/Getty Images.

Photo by Kena Betancur/AFP/Getty Images.

Photo by Kena Betancur/AFP/Getty Images.

Photo by Spencer Platt/Getty Images.

Some have argued that allowing trans students to use bathrooms and locker rooms that match their gender identity will put other students at risk. This has been thoroughly debunked.

A common refrain from those who oppose trans rights is a fear that cisgender (non-trans) boys will simply "pretend" to be trans in order to infiltrate girls' locker rooms or to dominate girls' sports.

"I wish that somebody would have told me in high school that I could have felt like a woman when it came time to take showers in P.E.," former presidential candidate and opponent of transgender rights Mike Huckabee said in a 2015 speech at the National Religious Broadcasters Convention. "I’m pretty sure I would have found my feminine side, and said, 'Coach, I think I’d rather shower with the girls today.'"

This simply does not happen.

Photo by Spencer Platt/Getty Images.

Photo by Spencer Platt/Getty Images.

Photo by Spencer Platt/Getty Images.

Photo by Kena Betancur/AFP/Getty Images.

In 2015, Media Matters spoke with officials in 17 school districts with transgender protections, representing more than 600,000 schools. The total number of problems? Zero.

15 states and the District of Columbia have clear gender identity and sexual orientation protections that apply to schools. The number of times people have pretended to be trans so they can recreate the plot of Porky's and Ladybugs? Zero.

Photo by Spencer Platt/Getty Images.

Photo by Spencer Platt/Getty Images.

Photo by Spencer Platt/Getty Images.

Photo by Kena Betancur/AFP/Getty Images.

Trans kids just want to exist in a world free from bullying, free from discrimination. That's all.

If there's one thing to take away from the protests that followed Trump's action, it's this: Trans students are loved and they aren't alone in this world.

Want to help out? Here's a helpful list of things you can do.

Photo by Spencer Platt/Getty Images.

Photo by Spencer Platt/Getty Images.

Photo by Spencer Platt/Getty Images.

Photo by Spencer Platt/Getty Images.

Donald Trump has a pretty long track record of saying awful, bigoted things about large groups of people.

Photo by Scott Olson/Getty Images.


First, it was Mexican immigrants, who he labeled "drug dealers" and "rapists."

Latino activists protest Donald Trump. Photo by Chip Somodevilla/Getty Images.

Then, it was Muslims, who he declared should be banned from entering the United States.

Photo by Michael B. Thomas/Getty Images.

So when "The Today Show" asked him about North Carolina's "bathroom law" that forces trans people to use the restroom that corresponds to the sex listed on their birth certificate, I braced myself for the worst.

The anticipated aftermath of Trump's answer. Photo by Steve Bunk/USDA.

Then he said this:

Photo by Scott Olson/Getty Images.

"North Carolina did something that was very strong, and they're paying a big price, and there's a lot of problems. And I heard — one of the best answers I heard — was from a commentator yesterday, saying, 'Leave it the way it is. Right now. There have been very few problems. Leave it the way it is.' North Carolina, what they're going through, with all the business that's leaving and all of the strife — and it's on both sides — you leave it the way it is. There have been very few complaints, the way it is. People go, they use the bathroom that they feel is appropriate. There has been so little trouble."

Matt Lauer proceeded to ask him if he would be OK with Caitlyn Jenner using "any bathroom she chooses" at Trump Tower.

Frazer Harrison/Getty Images.

"That is correct," Trump said.

It certainly seems like — and I can't believe I'm about to say this — Trump is ... right?

Protestors outside a Donald Trump rally in North Carolina. Photo by Sean Rayford/Getty Images.

North Carolina's law is indeed pretty irremediably bad to say the least. A devastating Daily Beast report found that calls to a local suicide hotline for trans teenagers doubled after the law's passage. Businesses across the U.S. have pretty much universally condemned it, and some have even pulled jobs out of the state.

Just this week, the U.K. issued a travel warning, cautioning its LGBT citizens about visiting North Carolina and Mississippi, which passed a similar law on April 5.

But let's ... not be too hasty about giving Trump too much credit here.

His odd focus on why the law is bad for business, rather than — you know — people, is a pretty cop-out-y (though certainly on-brand) reason to oppose it.

He also went on to say that he saw no need to create new gender-neutral bathrooms.

And of course, one moment of relative humanity doesn't come close to negating all of the other terrible, destructive things he's said over the course of his campaign (take your pick).

However, his comments should put those who defend the law on notice.

Because if even this guy...

Photo by Spencer Platt/Getty Images.

...a guy who has spent the last nine-or-so months spewing nonsense on policy while unleashing a steady stream of bigotry against pretty much everyone under the sun is opposed to it — and not even for a particularly good reason, but a reason nonetheless — then it really is an indefensibly terrible, no good, horrible, very bad law.

And it's time for North Carolina's HB2 to go.

UPDATE — 4/22/16: A few hours after his appearance on "Today," Trump told Sean Hannity that, while maintaining that he doesn't agree with the law, he believes that North Carolina had the right to pass it.

Dear South Dakota,

I heard you recently passed a bill to help ensure students have their privacy respected, and I wanted to say "thanks!"


I do, however, have a few concerns I hope you can help me with. I was reading through the bill, appropriately titled, "An Act to restrict access to certain restrooms and locker rooms in public schools," and while it’s not the sexiest title (you can’t even make an acronym out of it — I mean … AATRATCRALRIPS?), that’s not really the focus. The important thing is that it ensures student privacy and, as Republican state Sen. David Omdahl said, "to preserve the innocence of our young people."

Photos via iStock.

I, too, think it’s important that we preserve the innocence of our young people, which is why I wanted to ask a few things about the bill before the governor decides whether he'll sign or veto. Let’s start with the obvious questions.

If you define "biological sex" as "the physical condition of being male or female as determined by a person’s chromosomes and anatomy as identified at birth," I have to ask what category you place people who either haven’t had their chromosomes tested (which, I don’t know about you, but I certainly haven’t; that’s not something they do to newborns) or people with "anatomy" (very vague) that falls somewhere outside the male/female binary (as much as 1% of the population)?

Here's that section from your bill:

"BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

Section 1. That chapter 13–24 be amended by adding a NEW SECTION to read:

The term, biological sex, as used in this Act, means the physical condition of being male or female as determined by a person’s chromosomes and anatomy as identified at birth."



This next part came to my attention because, well, I’m just curious what this has to do with "preserving innocence" or privacy? Do kids still take showers in schools? That don’t have private stalls? It’s been a while since I was in school, but I can’t remember a single time anybody in my grade school or high school used the showers after gym class. Most people just showered at home, I think.

I decided to run a very informal poll, and yep, it seems as though open showers are a thing of the past.


And when it comes to restrooms, I’ve never seen anybody’s genitals (nor had the opportunity to test their DNA) while using the bathroom. I’m a firm believer that if you’re seeing others’ genitals while you use the bathroom, then you’re, well, bathrooming wrong.

And I’m curious how you plan to test students’ anatomy and/or chromosomes. That is, how will you enforce this new law? Will there be genital checks upon entering locker rooms? Do students need to give a blood sample? Surely you have some system in place. I’m sure you wouldn’t pass a law without  —  well, who knows?

But again, from your bill:

"Section 2. That the code be amended by adding a NEW SECTION to read:

Every restroom, locker room, and shower room located in a public elementary or secondary school that is designated for student use and is accessible by multiple students at the same time shall be designated for and used only by students of the same biological sex. In addition, any public school student participating in a school sponsored activity off school premises which includes being in a state of undress in the presence of other students shall use those rooms designated for and used only by students of the same biological sex."

Actually, the more I think about it, the more it seems like this bill actively wipes away innocence. I mean, I wouldn’t want a teacher looking at my junk. I wouldn’t feel as though my privacy is protected any better if a public school (which is essentially the government) had access to my DNA. That’d actually make me feel a whole lot less protected. I’d feel violated, even.

It seems to me that this bill wasn’t properly thought through. It sounds expensive (if you’re going to ensure people are in the "right" restroom and locker room, this’ll be pricey!), and it sounds like — well, I’m no lawyer, but — it sounds to me like this invites lawsuits. I could be wrong.

But can you tell me how knowing what students’ genitals look like helps ensure their privacy? It seems to me like this bill is a solution in search of a problem; sadly, that "solution" will only cause more problems.

Best,

Parker

More

Etsy's latest move is an awesome and simple bit of office inclusivity.

'We believe that gender is not binary and that individuals should use the restroom that feels most comfortable for them.'

There are some really weird, outdated laws on the books in states across the country.

These types of lists pop up year after year. For example, did you know that in a number of states, it's illegal to sell cars on a Sunday? Or that in Massachusetts, you can be fined for singing the national anthem as dance music or in a medley?

Well, there's another law many states have on the books, and it has to do with how businesses should label their bathrooms by gender. But, in 2015, the law doesn't quite reflect reality for many people. And as we as a society become more aware of the fact that gender isn't as binary as bathroom doors might make it seem, well, what's a company to do?


Here's one company's creative solution:

Etsy made restrooms at their office gender-neutral. Or, well, as gender-neutral as the law allows.

An Etsy engineer named Sara posted this picture to Twitter.


That's cool, right? The fact is that not everybody neatly fits into "man" or "woman." Some people are a mix of both, neither, or something entirely altogether. When it comes to public restrooms, that can make things rough. The same goes for transgender people even within the gender binary.

"At Etsy, we continually examine our internal culture and practices, with a focus on fostering an inclusive, comfortable environment for everyone," Etsy vice president of people, workplace, and sustainability Brian Christman told Upworthy in an email.

"With this in mind, we’ve updated restrooms at our DUMBO headquarters to increase privacy and make them more accessible to all people, including transgender and gender nonconforming individuals. We believe that gender is not binary and that individuals should use the restroom that feels most comfortable for them."


Image from Etsy, used with permission.

So it's pretty obvious how Etsy's bathroom signs can be helpful for trans, nonbinary, and gender nonconforming folks, but what's this about state laws? And how does this story tie into ridiculous laws about dyeing ducks different colors or being unable to seek public office if you've ever participated in a duel?

In most states, it's required that businesses have separate restrooms for both men and women.

Here's how the law in New York — where Etsy is headquartered — reads:

"Separate toilet facilities shall be provided for each sex. All toilet facilities shall be provided with soap, paper towels or electrical hand drying units, and covered waste receptacles. Suitable sanitary napkin receptacles shall be provided in toilet facilities used by females."

OK, got it. Businesses have to provide separate facilities with soap, paper towels, and covered trash cans, and sanitary napkin disposal for the women's room.

And where do these types of laws even come from? The 19th century.

In a great article titled "Sex-Segregated Public Restrooms Are an Outdated Relic of Victorian Paternalism," Ted Trautman gives a quick rundown of where the idea of sex-segregated restrooms even comes from and why they exist. After all, in your house, do you have separate men's and women's restrooms? Probably not.

"Sex segregation was seen by regulators at the time as 'a kind of cure-all' for the era's social anxiety about working women," Trautman writes.

"Women's growing presence in the factory workforce, and in public life more generally, triggered a paternalistic impulse to 'protect' women from the full force of the world outside their homes, which manifested itself architecturally in a bizarro parallel world of spaces for women adjacent to but separate from men's — ladies' reading rooms at libraries, parlors at department stores, separate entrances at post offices and banks, and their own car on trains, intentionally placed at the very end so that male passengers could chivalrously bear the brunt in the event of a collision."

So, in 1887, Massachusetts became the first state to require businesses to have sex-segregated restrooms.


Ah, the good ol' 19th century factory! This is quite literally the model of sex-segregated restrooms. Women operating looms in the winding room of a Lancashire cotton mill. Photo by James Valentine/Getty Images.

And while women-only entrances to post offices and banks, separate reading rooms at libraries, and women-only train cars have become a thing of the past, the whole separate bathroom issue remains to this day.

What's so ridiculous about this law? Well, for one, it's inefficient.

Think about all the times you've seen the line for a women's restroom wrap around down a hallway while the men's room remains line-free. New York City realized this was a problem and decided the solution was ... to require places to build more women's rooms.

Like, this is what happened when more women started getting elected to Congress. As it turns out, the building was made for dudes. Lots and lots of dudes.


But really, if there's a situation where, let's say eight women and two men need to use the restroom, which of these layouts is more efficient?

This one, the one we're most familiar with, where three women are left waiting in line even though there are three perfectly available stalls to use in the men's room?

Or this one that takes up the same amount of space, but which all 10 people can use, do what they have to do, and go about their day?

Obviously, the all-gender restroom is the more efficient option.

But whoa whoa whoa, you may be thinking, "I don't want to share a bathroom with the men in my office!" or "I don't want to share a bathroom with the women in my office! I want some privacy!"

And you should get it! In an ideal world, restrooms would all be single-stall. I mean, who really wants to do ... you know ... next to someone else, anyway? But that's kind of the world we live in.

Breathe easy because it's unlikely all-gender restrooms will come to replace the standard men's and women's rooms anytime soon. Instead, as you'll see with more regularity, lots of places offer up men's, women's, and all gender restrooms. This way, people have a choice (and trans, nonbinary, and gender nonconforming people have the option of using that if they so choose).

For example:

An increasing number of places are moving forward with adopting inclusive restrooms. Especially colleges.

The names vary — gender-neutral, unisex, all gender, gender-inclusive — but the purpose remains the same: restrooms able to be used by anyone of any gender.


Illinois State University has all-gender restrooms. There are still men's and women's restrooms found across campus, but they recently decided to swap the names of the "family restrooms" with more straight-forward language. The same goes for Columbia University, Barnard College, and a growing number of campuses across the country.

In a move as simple as adding a sign to their restroom doors, Etsy is taking a stand for inclusivity and progress.

Yes, it's that easy. To the overwhelming majority of their employees and office visitors, the change will have zero effect on how they navigate the office. But for a few, it'll make a huge, positive impact on their stress and ability to navigate the work day.

"We believe that gender is not binary and that individuals should use the restroom that feels most comfortable for them."

While laws in many places may require there to be separate restrooms labeled "men's" and "women's," that doesn't mean it's impossible to make the world a more inclusive place. It really can be as simple as a sign letting transgender and gender nonconforming individuals know that yes, they are welcome here.