In the Matter of Transgender Basic Human Rights
For transgender Americans, the idea that their specific causes have been brought to the American mainstream discussion is probably surprising to them. As many issues discussed among Americans, the specific issue that has been brought to the forefront is their bathroom usage. The questions that ran through my head were: Why does anyone care about which bathroom a human being uses? For me, if you “look” like my gender, I usually don’t question why you are in my bathroom. So what’s the issue if a transgender woman uses my bathroom, am I or other biological women looking to make sure? I am not. Are other women doing the same? Of course once I turned on the TV and social media, it was unavoidable that this actually was being discussed on controlling what bathroom Americans were using. So much for smaller government. What was more shocking was the arguments being made by the opposition.
Discussion of Opposition
The oppositional arguments ranged from, the fear that “real” women and girls would be raped. What?! This argument was being made during the 2016 Election season, and again, fear of the LGBT community seems to work with the Conservative (Regressive) base. Don’t most Americans know someone or are related to someone in the LGBT community. So does fear apply to those American’s friends or family members? Looking on social media and television, a great deal of Americans were actually against transgender Americans using the bathroom of their choice. The opposition’s argument was all based on protecting us all against the serial rapist who dresses like a woman and then hides out in a stall, and well, you can guess the rest.
First, the opposition does not seem to understand the nature of rape. Rape is about violence and control, power over other human beings. Be it male or female (biological or identifying), gender non-conforming, young or old, race, nationality, sexual orientation, or child or Adult. The fact those who sexual assault others are only concerned about controlling the individual they are assaulting. It doesn’t matter if the rapist is a stranger, relative or friend. Humiliation is the goal. Most rapist are not going to “dress like a woman” and wait for their victims in the public bathroom. Most are just going to wait and find an opportunity to commit this vile act whether that is in a public bathroom, dark garage, or in your own bedroom by someone you love. I do not understand the mind of a rapist, but I do know that it can happen to anyone, anytime, anywhere, by anyone. This booger man in the bathroom dressed like a woman is the most ridiculous argument, again fear being used to discriminate against others, “scapegoating.” (For those interested, I recommend going to the FBI Crime and Statics website and look up the legal and “new” definition of rape. The scenarios provide a better idea of my point.)
A few more words on this argument. As stated above, I am fully aware that rape can happen to anyone. As a mother of two boys, 9 and 10, I wait anxiously every time they go in the men’s bathroom without their father. I watch the door like a hawk, like I am memorizing the faces of any person who enters after they have. Granted, I am not trying to push that only child molesters can only be straight males, but I know what has happened to many children over the years. I had this discussion with one of my relatives who has six daughters. His argument was solely based of the stereotype that rape only happens to biological females. He has one son. I think as his son gets older, he might realize that it’s not only his daughters he must worry about. Which bathroom transgender Americans use is not going to make a difference about the facts about rape and those who are victims to it every year.
Transgender Americans, particularly transgender women, have a high instance of sexual abuse or assault. “One in two transgender individuals are sexually abused or assaulted at some point in their lives” (https://www.ovc.gov/pubs/forge/sexual_numbers.html). This statistic is from the Office for Victims and Crimes. (To stress this fact even more: the statistic for girls and boys, only accounting for biologically defined, is one in three girls and one in six boys. See the Illinois Coalition Against Sexual Assault website.) The level lack of safe places for transgender Americans is astonishing. To argue against giving a vulnerable population the human dignity by the simplest thing, by allowing them to use the bathroom or locker room of their choice is inexplicable.
The Human Rights Issue
Arguing for basic human rights is difficult in what seems like a heartless society. As a human rights activists, I never thought I would be having to argue or sign petitions on behalf of Americans regarding their choice of bathroom being used. It seemed so silly when the issue arose over the 2016 Election season. But here we are. Civil rights actions have been filed by groups like the American Civil Liberties Union, in the name of Gavin Grimm, a transgender boy who is fighting to use facilities which make him more comfortable. What is the argument against transgender males using the male bathroom? The boogeyman rapist argument in the stall sort of falls flat on its face with this. To be honest, I am concerned about him using the boys’ bathroom or locker room for his safety. But the point is this is about his choice and human dignity.
The other day, I was reading one of my favorite magazines, and it quoted a statistic that brought me to tears. The statistic is that one in three American Transgender adults will refrain from using a public bathroom out of fear. This is exactly why it has become a human rights bathroom. The fact that someone would go through lengths to avoid using a bathroom should only be by choice, not out of fear. The human dignity issue is the core of this argument. Human rights is about providing that dignity, choosing your bathroom according to your gender identification is a simple choice to allow for our transgender brothers and sisters.
The UN Declaration on Human Rights Articles I states that every human being is born free and equal in dignity in Human Rights. In Article II, “everyone is entitled to all the rights and freedoms set forth in the Declaration without distinction on any kind such as race, color and sex.” The Obama administration and the courts declared that under Title IX protects transgender students from “sex discrimination.” Currently, under the Trump administration, a judge has temporarily stopped investigations for transgender discrimination by the Office of Civil Rights, which is a step backwards in protecting all Americans. (http://www.transequality.org/know-your-rights/schools).
The good news for transgender Americans and advocates is that many school districts have taken responsibility to protect all their students. As far as my local school district, I am proud to announce that we are acknowledging and applying the declaration made by the courts and the previous administration. How do I know? I completed a tutorial online for my substitution teacher license, and part of it was on transgender and gender nonconforming students. I learned that the word “transgender” should only be used as an adjective. In my ignorance, I would have not had known that. But I am glad that my school district wants to move forward in protecting ALL students’ human rights. To be treated with human dignity not only means which bathroom one uses, but to be addressed appropriately. As someone with an unisex name, I was hurt when someone said, “he” or “him” or “Mr.” before the teacher even looked up to see me. As a biological and identifying female, the idea that someone would not take to the time to see who they were addressing first or just simply ask. I can’t imagine how a child who identifies as the opposite gender of their biological born would fight for their right to be identified. Saying “he/she” and “it” is not providing human dignity and is outright hateful. This is not about being politically correct; it’s about being a compassionate human being.
Final Words
Maybe I am expecting too much. I live in a society that still cries out for “states’ rights,” 152 years after the Civil War, to discriminate against their own citizens. The fact that we elected a man who ran off of hate and bullying others, Americans, like me, need to keep moving forward and prevent the others that voted for him (I don’t care why anymore), from applying regressive policies. Transgender Americans, for good or bad, have been thrusted into the national limelight. The good news is that Human Rights activist like me, have paid more attention than ever before to their plight. I am ashamed to say that I did not pay attention to their rights specifically, but to the LGBT community in general. But now I am here ready to support my transgender brothers and sisters as much as I am able. For those reading this who are anti-trans, I will say that you don’t have to understand to be accepting. You can provide the simplest human dignity to our brothers and sisters by supporting a simple choice, like what bathroom they use and how they want to be addressed.
