Transgender bathrooms shouldn’t be such a big deal

Hey there, time traveller!
This article was published 28/05/2016 (3596 days ago), so information in it may no longer be current.

This week, 11 U.S. states announced their intentions to file suit against the Obama administration’s written guidance on transgender washrooms (and other facilities) in educational institutions.

In simplistic terms, the letter basically instructs institutions to allow students to use the facility matching their personal gender identity. If a facility chooses to disregard this letter, then it may be at risk of losing federal funding.

This is yet another “dog whistle” subject that excites particular groups, but undoubtedly matters little to most voters. Just as the Bush 43 White House encouraged state votes on same-sex marriage in crucial states in an effort to impact voter turnout, the same is probably true of this issue.

It is important to note that, according to a number of sources, there is absolutely no evidence of any sexual assaults being committed by transgender people in washrooms of their gender identity. In other words, the “risk” purported by opponents of Obama’s guidance simply doesn’t exist.

Many private businesses have already made efforts to accommodate all people. For example, intentionally or not, our local Starbucks has updated its two washrooms, making them gender neutral and available to all.

The ultra-popular Café Aroma restaurant chain in Israel has gone a step further by simply having individual toilets placed in extended stalls (or private rooms) with a gender-free hand-wash station located outside the stalls.

If you’ve ever flown on a plane, you have encountered gender-neutral washrooms.

Of course, nothing can be done easily in the United States, especially in an election year.

There are many ways to respond to this letter of instruction from Obama.

One approach would be for a facility to deny access to transgender students based on their gender identity. That, of course, means it runs the risk of losing federal funds. Given that this directive from the administration is essentially a presidential fiat, it is likely that a lengthy court proceeding, or many of them, would follow.

While I enjoy the distinct pleasure of having many lawyer friends, it is difficult to see how anyone except lawyers would benefit from an outright denial of access.

More likely, schools so inclined will appeal to their local or state boards seeking either a replacement of the potentially lost federal support, or a commitment to seek an injunction that would effectively delay Obama’s guidance.

Or, finally, schools can make accommodations to meet this guidance. While this would incur significant costs as schools must retrofit their facilities, my suspicion is that this will end up being the winning position. The tide of history favours this perspective.

Ultimately, my sense is that history itself will guide us to the correct answer. That is, western society will continue its move toward advancing the rights of all people, regardless of gender, race, etc.

It was not so long ago that same-sex marriages were unheard of, and now they are protected by law in Canada. The same is true of a panoply of rights once denied to people, including women’s voting, divorce, abortion, and gay rights. In fact, in 1967, the final anti-miscegenation laws were struck down in the United States.

Remember noisy quasi-serious issues that were eventually overcome, and we laugh at today? Consider 1990, when Sikh Mounties sought the right to wear turbans as an expression of their religious values. How about in 1974, when women first joined the Mounties? These sound silly today, but were gut-wrenching matters of national interest in their day.

The slow, inexorable tide is toward extending rights, not limiting them. This doesn’t mean interested parties should just sit back and let progress take its course.

Instead, it suggests patience, hard work and desire to create change will ultimately be rewarded.

In Canada, the charter has effectively enhanced the rights of all Canadians. The tide of history in the United States is concurrently expanding the rights of all Americans.

Much like the Seinfeld show, the transgender bathroom debate is a show about nothing.