Public bathrooms are at the heart of the opposition to Royal Oak ’s approved-yet-pending
human rights law. Fred Birchard, a Royal
Oak resident and leading opponent of the law, claims
that the law would allow:
Men
and boys who think they are women and girls to use women’s restrooms and
showers and play on girls’ sports teams. That’s religious discrimination,
association discrimination and a wicked policy” (Kavanaugh).
Jim Rasor, Royal
Oak ’s city commissioner and leading supporter of the
law, says that the law is desirable because of its economic benefits and that Birchard
and his supporters are just trying to scare people into supporting their own
prejudice (Kavanaugh). According to Rasor, in municipalities across the
country, similar human rights laws have been passed, and, in those places,
transgender persons have not crossed the anatomical barriers of bathrooms or sports
teams (Kavanaugh). Technically, that’s true; at least as far as my limited research suggests.
In Maine ,
a school refused to allow a 12 year old transgender girl (male-to-female) to
use the girls’ bathroom, so the Maine Human Rights Commission (MHRC) attempted to ban
schools from gender separation in athletics, student organizations, and, yes,
bathrooms (Macedo). A court ruled against the ban (O’Connor).
In Colorado ,
a school reversed its policy from allowing a six year old transgender girl
(male-to-female) to use the girls’ bathroom to, instead, requiring her to use the
boys’ bathroom, staff bathroom, or nurse’s office bathroom. The girl’s parents
filed a complaint claiming this decision was in violation of Colorado ’s Anti-Discrimination Act. This
case is still in process (O’Connor).
Though neither case has, as yet, come out in favor of transgender
children, there is no doubt that Birchard and others like him see the writing
on the wall: Change is coming. They fear that human rights laws will open up
bathrooms and locker rooms to all manner of lewd and sinister behaviors.
Commenting on the MHRC's proposed ban, Ken
Trump, president of an Ohio-based school security consulting firm said:
If
my kid walks into a girls’ bathroom and sees a man in there, the child is going
to instinctively feel that something’s wrong. If you create an entirely new
climate where anything goes, you’re going to create increased confusion, and
those with ill intentions could take advantage of that confusion and decreased
ability to make a distinction (Macedo).
Trump’s argument that kids might be confused about who should
or should not be in the bathroom has merit. It’s a concern worthy of thoughtful
discussion. However, after listening to this school security expert, we are
left with an image of an adult male towering over a little girl in an
elementary school bathroom. That’s definitely a discomforting image, but it has
nothing to do with gender identity.
Another opponent of the MHRC proposed ban, Reverend Bob
Celeste, told Fox News: “There’s not
a whole lot of spaces that a girl can expect privacy, but the bathroom should
be one of them. There’s not a whole lot of spaces that a boy can expect
privacy, but the bathroom should be one of them” (Macedo). When we talk about a
“girl” or a “boy” expecting privacy, the discussion is already moving in the
wrong direction. Individuals deserve
some level of privacy. Individuals are not defined solely by their anatomical
parts any more than they are solely defined by their skin color or religion.
Any change that seeks to undo over 125 years of accepted
social practice is bound to face this kind of idealistic, exaggerative, and
fearful thinking, so it’s a matter of course. But, seriously, since when has
the public bathroom, as an institution, lived up to this image as a private,
safe space?
Talk about identity confusion: The public bathroom is a
space in the middle of a public place attempting to create a minimal level of
privacy. As such, public bathrooms are the perfect places to participate in all
manner of transgressions. As Larry Craig, the Republican Senator arrested in an
airport men’s room, can attest and as Jerry Seinfeld humorously points out: The
gaps between the doors and the stall walls (not to mention between the floors
and bottoms of the stall walls) are perfect for peeping—or, in Craig’s case,
flat out soliciting. And let’s not forget the bully in the middle school
bathroom waiting for some poor soul with a full bladder.
So, let’s not idealize public bathrooms. They’re often dirty
and smelly, with broken door locks or toilet flushers, lacking soap, toilet
paper, and paper towel. Most people try to get the hell out of them as quickly
as possible. They’re just private enough to prevent people outside the stall
from a full-on view of your face and intimate anatomy. Thus, allowing you to
pee, poop, or puke without facial recognition. But, make no mistake; you are
totally identifiable by your shoes.
That said, the issues of modesty, privacy, religion, and
accepted social practices pose legitimate questions. Such a significant social
change will need to be preceded and accompanied by education and communication
at all levels of society, from the federal government to the family dinner
table. Laws like the one attempting to be implemented in Royal Oak mark the beginning of these
conversations.
.........................................
As I wrote this blog, there were points I wanted to
mention that simply did not fit in to the post. Here’s a short list:
- College campuses are blazing the path to gender-inclusive bathrooms. We could learn much from the different models being tested.
- Transgender students often end up with bladder infections because they refrain from using public bathrooms out of fear of harassment.
- Coy Mathis
is the
 |
| Coy Mathis (AP Photo by Brennan Linsley) |
Sources:
Kalfus, Elly. “The Ethics of Gender-Segregated Bathrooms.” Ethical Inquiry. Brandeis University
Kavanaugh, Catherine. “Royal
Oak Human Rights Law in Limbo.” Daily Tribune. Journal Register. 14 Mar. 2013. Web. 16 Mar. 2013. http://www.dailytribune.com/article/20130314/NEWS01/130319775/royal-oak-human-rights-law-in-limbo#full_story
Macedo, Diane. “Maine
Commission Moves to Ban Gender Specific Bathrooms, Sports Teams in Schools.” Fox News. Fox News Network, LLC. 9 Apr.
2010. Web. 16 Mar. 2013.
Muller, David. “Gay Rights Supporters Fighting Repeal of
Royal Oak’s Anti-Discrimination Ordinance.” Mlive.
Michigan
Live, LLC. 14 Mar. 2013. Web. 16 Mar. 2013. http://www.mlive.com/news/detroit/index.ssf/2013/03/metro_detroit_group_urges_roya.html
O’Connor, Colleen. “Colorado
Parents of Transgender 1st-Grader File Complaint Over Restroom Ban.”
The Denver
Proxmire, Crystal A. “Non Discrimination Ordinances Spread
City
“Resources.” Unity Michigan Michigan . N.d. Web. 16
Mar. 2013. http://www.unitymichigan.org/resources/
Stone, Cheryl. “USC Pushing for Gender Neutral Bathrooms.” The Gazette. University of Western Ontario
Tessaro, Emilia. "Seinfeld Live at Sony Centre Recap." EmiliaThoughts. WordPress. 9 May 2012. Web. 16 Mar. 2013. http://emiliathoughts.wordpress.com/2012/05/09/seinfeld-live-at-sony-centre-recap/
Images:
Linsley, Brennan. "Coy Mathis." Denver Post. Associated Press. 25 Feb. 2013. Web. 17 Mar. 2013.
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