Gays in the bathroom
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By illuminating the unseen queer history
CU SLO MO. Man wipes his hand across steamy bathroom mirror and smiles at his reflection. By illuminating the unseen queer history of the bathroom that runs counter to the misleading narrative that modern-day gender divisions are sacred mechanisms for sexual safety, the bathroom can be reclaimed as a fraught and sexual space for queer people, both now and historically. Ever wondered what goes on in a gay bathhouse or a gay sauna?
Ever been a bit curious to see what it’s all about?
Bathhouses – which are also referred to as saunas and sex-on-premises venues – are the venues where guys go to have sexual encounters with other guys. Trans people have long been using public restrooms just like everyone else without incident. It is simply common sense for trans people to use the bathroom that best matches their identity.
Everyone deserves to take care of their body in safety and privacy. Access to public restrooms is a basic right protected by the Civil Rights Act of , and transgender people deserve and need equal access to facilities to safely exist and participate in public life. Sadly, anti-trans extremists are spreading fear and misinformation about trans people, attacking our right to simply use the restroom.
In fact, 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. Regardless of state or federal law, you have the right under the Civil Rights Act of and the Equal Protection Clause of the 14th Amendment to use the restroom that aligns with your gender identity. Most states, cities, and schools respect these rights, but 18 states have passed laws restricting our right to use public facilities, citing myths and negative stereotypes about transgender people to spread fear and misinformation.
Law enforcement officials and sexual assault advocates in states and cities with trans-inclusive policies have said over and over: bathroom bans do not make anyone safer. Research shows there is no link between trans-inclusive bathrooms and crimes in bathrooms or locker rooms. Nondiscrimination laws protecting transgender people in these kinds of facilities have been around for a long time, with no increase in public safety incidents in restrooms 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. Banning transgender people from using facilities in alignment with their gender identity deprives them of the ability to participate in public life. Without the ability to use a public restroom, trans people are less able to live their lives and travel outside their home.
Trans employees need to be able to use the restroom at work to keep their jobs without risking their health and safety. Trans people also need to be able to access government buildings for basic tasks like voting or visiting the post office. Transgender people cannot safely use the bathroom of the gender they were assigned at birth just because the law requires them to. Trans people are routinely subjected to harassment and assault in bathrooms.
In addition to being discriminatory, bathroom bans are bad for our health! Offering separate or private bathrooms is a great way to ensure anyone can feel comfortable when they go to the bathroom, whether or not they're transgender. Excluding trans people from public restrooms does not protect anyone, and laws that do so are cruel, dehumanizing, and contribute to a climate of fear and judgment.
Trans-inclusive policies allow all people—including transgender people—to use the bathroom that best matches their gender identity. Nonbinary people should always be able to use the restroom that they feel safest in. They know their own needs best! Signs indicating where people can find gender-neutral or single-occupancy restrooms are one helpful way to support nonbinary folks.
Everyone—including transgender people—should be treated equally under the law. Many faiths accept, affirm, and support the rights of transgender people. And no matter your beliefs, there should always be room for treating others with respect and dignity. Trans people need strong and comprehensive nondiscrimination laws, support from our allies, and cultural acceptance to truly thrive. We must work together to build a society that values the dignity of transgender people.
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