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Should transgender people use the bathroom that matches their identity? Show more Show less
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There is continued controversy around which bathroom trans people should use - that which is true to their identity, or that which matches their assigned gender at birth. While radical feminist women's groups characterise this as an issue of safety, it can also be seen as a fundamental contravention of trans people's rights to not allow them to use the bathroom that matches their identity.

Transgender people should use the bathroom that matches their identity Show more Show less

This is about basic human decency and dignity
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Trans identities are valid

Being a trans woman is no different to being a cis woman, and they should not face different treatment.
LGBTQ

Context

Section VII of the Civil Rights Act of 1964 clearly states that no person should suffer discrimination with respect to compensation, terms, conditions, or privileges because of their ethnicity, colour, sex, religion or nationality.[1] It specifically lists restricting the use of company facilities as a form of discrimination.

The Argument

The Civil Rights Act clearly demonstrates that forbidding a transgender individual from using the restroom that corresponds to their expressed gender would be a form of discrimination. They have as much right to use the bathroom of their expressed gender as a cis man or woman does. The trans community is protected from discrimination in this way by the clause in the Civil Rights Act which refers to sex-based expectations. The Obama administration shared this view and protected the trans community under federal anti-discrimination laws. [2] The First Amendment protects citizens' religious freedoms. This is essentially a choice about a person's personal identity. The transgender community should be protected by the same amendment. Those individuals have made a choice about their personal identity in the same way and should receive the same protections that come with it.

Counter arguments

Transgender citizens are not automatically covered by the Civil Rights Act. It refers to sex but not gender. It is up to the individual state to clarify what segments of the population are protected by anti-discrimination laws. Currently, most states don’t include the LGBTQ+ community in anti-discrimination laws. Only 20 states specify that citizens can be discriminated against based on gender identity.

Proponents

Premises

[P1] In the United States, discrimination is illegal. [P2] Restricting restroom access based on gender is a form of discrimination.

Rejecting the premises

[Rejecting P1] Anti-discrimination laws do not apply to discrimination on the basis of LGBTQ+.

References

  1. https://www.nytimes.com/2017/02/24/us/transgender-bathroom-law.html
  2. https://www.vox.com/2016/5/5/11592908/transgender-bathroom-laws-rights

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This page was last edited on Monday, 14 Sep 2020 at 12:02 UTC

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