Bathroom Bills and Your Right to Wee, According to Your Gender Identity(ee)

Bathroom bills are on the march across the United States.  Most of the states pursuing these “bathroom bills” are based in the South or Midwest of the country.  However, they may not be exclusive to these areas.  Either way, it is very disconcerting.

The gist of the “bathroom bills” is a ploy to allow discrimination against LGBTIQ based upon an exercise of “religious freedom”, “privacy issues”, and imaginary “safety issues”.  Most are sponsored by organizations that are virulently intolerant of anyone who is perceived as “not straight.”  Religion might be in their name, but it is historical patriarchal mechanisms which they are really supporting.  Thus, it is a structure that cannot tolerate any threat to loss of power or influence at it’s core.  This structure must constantly renew itself through immersion of people (aka students) into its values.  One way to do that is to engender fear and suspicion in the community (aka school) of anyone who is different.

This brings us to the issue of lawsuits and bathroom use for transfolk who are school-aged students, especially for middle and high school.  It brings up issues of support, rights, and safety, not only for the trans student, but for all students of every stripe, color, creed, race, gender, and orientation by restricting a student due to a trait or feature about said student(s).  Hence, it can be the beginning of a long and winding road of discrimination of class(es) of people.

One particular lawsuit in Virginia is winding its way to a possible Supreme Court showdown.  It is one in which there is a strong likelihood that the suit will be returned to the states due to the new Trump administration and their penchant for “traditional values”.

I don’t want to be a wet-noodle or a Debby Downer, but the efforts to secure a right to use the bathroom matching one’s gender identity is about to go on pause for a while in some states, and that would likely include Virginia.

I’m an old transwoman of over 20 years. I also counsel as an MFT those who are closeted or keeping secrets, or in an inquiry into their identity. These are not easy things to address.

Suing in federal court to identify a “right” to not be discriminated due to gender identity has moved forward by linking such suits to Title IX clauses prohibiting sex discrimination.  This linkage is thanks to the Obama administration creating rules with executive orders which altered the interpretation of sex to include gender identity.  A very logical and appropriate development, in my view.   But, forgive the pun, this area of law is still quite fluid. 

However, with this new Trump administration I believe it is extremely likely that these rules will be removed. In that case, pursuing nondiscrimination based upon gender identity does not necessarily have federal backing. And that means these battles against discrimination will return to the state level.

A law professor of mine once said, regarding suing for discrimination, that if you file suit, you better win. Because if you don’t win, you’ll not only be hurting yourself, but the entire class of people just like you.

Tread carefully. Work with the school districts to avoid going to court unless it is absolutely necessary. Consider accepting a compromise that does not demean, shame, or invoke suffering, especially if the motive of the school district is really about doing their best to protect and respect the trans student, as well as deal with other parents who act out of fears, not facts. Most of all stay safe.

Or as my father used to tell me, “It might be YOUR right. But don’t be DEAD right.” Good advice.

20 years ago when I came out, facing myself, and facing others, I made compromises in order to survive. There were no laws protecting Transfolk from any kind of discrimination.  In order to allay others’ fears. In order to keep my job. In order to have a place to live.  And in time people came around and wondered what all the fuss was about. I don’t want any of us to go back in time. But I don’t want anyone hurt, injured or killed either.

Lastly, do not take this as surrender or appeasement.  One must pick their battles while also maintaining their ability to function in the greater society.  It is sometimes a long and slow trudging process.  Moving forward is often done in small steps, through being real and allowing people to know you, and you getting your message out there in how you live your life, and how you speak about your life.

Panic on the Streets of London [penneyred.blogspot.com]

By Laurie Penney

I’m huddled in the front room with some shell-shocked friends, watching my city burn. The BBC is interchanging footage of blazing cars and running street battles in Hackney, of police horses lining up in Lewisham, of roiling infernos that were once shops and houses in Croydon and in Peckham. Last night, Enfield, Walthamstow, Brixton and Wood Green were looted; there have been hundreds of arrests and dozens of serious injuries, and it will be a miracle if nobody dies tonight. This is the third consecutive night of rioting in London, and the disorder has now spread to Leeds, Liverpool, Bristol and Birmingham. Politicians and police officers who only hours ago were making stony-faced statements about criminality are now simply begging the young people of Britain’s inner cities to go home. Britain is a tinderbox, and on Friday, somebody lit a match. How the hell did this happen? And what are we going to do now?

In the scramble to comprehend the riots, every single commentator has opened with a ritual condemnation of the violence, as if it were in any doubt that arson, muggings and lootings are ugly occurrences. That much should be obvious to anyone who is watching Croydon burn down on the BBC right now. David Lammy, MP for Tottenham, called the disorder ‘mindless, mindless’. Nick Clegg denounced it as ‘needless, opportunistic theft and violence’. Speaking from his Tuscan holiday villa, Prime Minister David Cameron – who has finally decided to return home to take charge – declared simply that the social unrest searing through the poorest boroughs in the country was “utterly unacceptable.” The violence on the streets is being dismissed as ‘pure criminality,’ as the work of a ‘violent minority’, as ‘opportunism.’ This is madly insufficient. It is no way to talk about viral civil unrest. Angry young people with nothing to do and little to lose are turning on their own communities, and they cannot be stopped, and they know it. Tonight, in one of the greatest cities in the world, society is ripping itself apart.

Violence is rarely mindless. The politics of a burning building, a smashed-in shop or a young man shot by police may be obscured even to those who lit the rags or fired the gun, but the politics are there. Unquestionably there is far, far more to these riots than the death of Mark Duggan, whose shooting sparked off the unrest on Saturday, when two police cars were set alight after a five-hour vigil at Tottenham police station. A peaceful protest over the death of a man at police hands, in a community where locals have been given every reason to mistrust the forces of law and order, is one sort of political statement. Raiding shops for technology and trainers that cost ten times as much as the benefits you’re no longer entitled to is another. A co-ordinated, viral wave of civil unrest across the poorest boroughs of Britain, with young people coming from across the capital and the country to battle the police, is another.

Months of conjecture will follow these riots. Already, the internet is teeming with racist vitriol and wild speculation. The truth is that very few people know why this is happening. They don’t know, because they were not watching these communities. Nobody has been watching Tottenham since the television cameras drifted away after the Broadwater Farm riots of 1985. Most of the people who will be writing, speaking and pontificating about the disorder this weekend have absolutely no idea what it is like to grow up in a community where there are no jobs, no space to live or move, and the police are on the streets stopping-and-searching you as you come home from school. The people who do will be waking up this week in the sure and certain knowledge that after decades of being ignored and marginalised and harassed by the police, after months of seeing any conceivable hope of a better future confiscated, they are finally on the news. In one NBC report, a young man in Tottenham was asked if rioting really achieved anything:

“Yes,” said the young man. “You wouldn’t be talking to me now if we didn’t riot, would you?”

“Two months ago we marched to Scotland Yard, more than 2,000 of us, all blacks, and it was peaceful and calm and you know what? Not a word in the press. Last night a bit of rioting and looting and look around you.”

Eavesdropping from among the onlookers, I looked around. A dozen TV crews and newspaper reporters interviewing the young men everywhere ‘’’

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