(Public domain image via)
Cisgender people have been sharing bathrooms with transgender people throughout history, whether they have been aware of it or not. So when conservative groups across the United States mobilized this spring to draft bathroom bills, demanding all citizens use public facilities “according to the sex on their birth certificates,” most people I know responded with a head shake and a shrug, summed up best by this meme.
Comedian Stephen Colbert declared on his show, “To all those lawmakers out there who are so obsessed with who’s using what bathroom and what plumbing they’ve got downtown? Newsflash: You’re the weirdos.”
Here in Berlin, unisex bathrooms have been on the rise over the past three years in parts of the city and federal buildings. (As seen in the image above.) Some citizens have expressed their outrage to reporters. Most have shrugged.
But in the U.S., the issue has been taken to court. When North Carolina became the first state to pass a bathroom bill in March, the federal government sued the state for non-compliance with anti-discrimination laws, and the Department of Education issued guidelines to schools nationwide for compliance regarding bathrooms and locker rooms. Attorney General (and North Carolina native) Loretta Lynch argued:
This is not the first time that we have seen discriminatory responses to historic moments of progress for our nation. We saw it in the Jim Crow laws that followed the Emancipation Proclamation. We saw it in fierce and widespread resistance to Brown v. Board of Education. And we saw it in the proliferation of state bans on same-sex unions intended to stifle any hope that gay and lesbian Americans might one day be afforded the right to marry. That right, of course, is now recognized as a guarantee embedded in our Constitution, and in the wake of that historic triumph, we have seen bill after bill in state after state taking aim at the LGBT community. Some of these responses reflect a recognizably human fear of the unknown, and a discomfort with the uncertainty of change. But this is not a time to act out of fear…
Let me speak now to the people of the great state, the beautiful state, my state of North Carolina. You’ve been told that this law protects vulnerable populations from harm – but that just is not the case. Instead, what this law does is inflict further indignity on a population that has already suffered far more than its fair share. This law provides no benefit to society – all it does is harm innocent Americans.
Conservative groups have fired back. Eleven states are suing the federal government. Matt Sharp, the lawyer for a faith-based legal group Alliance Defending Freedom argued on National Public Radio:
And so we’ve got several families there that the Obama administration came in and forced the District 211 to allow a biological boy into the female’s restrooms. And so these girls are telling stories about how when they’re in their locker room changing for PE, they’re now uncomfortable knowing that a boy can walk in at any time under the school’s new policy. They talk about how one girl in particular does not change out of her gym clothes but rather wears them all day long, wears them after going to gym, after getting them dirty and nasty through PE class and then just puts her clothes on top of it because she’s so nervous about the possibility of having to change and shower and whatnot in front of this boy. And we hear stories like that across the country of these girls speaking out and saying, look, we don’t want this student to be bullied or harassed or anything, but we also want our privacy protected. And we just want to know that when we go into these lockers and shower rooms that we’re not going to be forced to share with someone of the opposite biological sex. That’s all these girls are asking for.
If we want to “protect” women in bathrooms and locker rooms from the presence of people who could be attracted to them, then we have to pretend lesbians do not exist. Or stamp out homosexuality altogether. We’ve tried both. Many times. It didn’t work. And countless people suffered.
If we want to assign people to bathrooms and locker rooms based on “the gender on their birth certificates,” then we have to pretend that intersex people don’t exist. Approximately 1 in every 2,000 people are born with sex characteristics that do not correspond with the traditional Western categories of male or female. Surgeries intended to “normalize” the appearance often cost the patient sensation and function. That few of us ever learn about the prevalence of such bodies in our biology classes at school—let alone anywhere else—is a testament to the Western World’s strong tradition of ignoring the evidence that questions the gender binary.
While conservatives argue on the shaky basis of common sense and personal comfort, our personal comfort is so often inculcated in us by our culture. Multiculturalism can increase conflict, but also open minds on both sides. In 2013, a devout Muslim student sued her school in central Germany over her right to be exempt from co-ed swim class on religious grounds. The court ruled that the right to religious freedom includes the right to adhere to a Muslim principle of modesty by wearing a burqini, but that it does not extend to being exempt from swim class and the knowledge of what boys look like in swimming trunks.
Here in the former East Germany, nudism is widely accepted at the beach. It’s not uncommon to see teens and senior citizens alike strip down for a quick dip in a lake at a park. While West Germans often find that a bit strange, they shrug at the fact that public saunas are unisex across the nation. Visitors from around the world, from Japan to the U.K., famously have a hard time accepting this.
Which is why I do not believe all of America will embrace such liberal values any time soon. And yet, 100 years ago mainstream American men and women alike were aghast at the idea of bare female ankles. And bathing suits looked much more like burqinis than anything the mainstream dons today.
After all, if you want to make a Northern European laugh, just tell them that mermaids in the U.S. are always depicted wearing seashells.
When society’s traditions clash with a person’s reality, one of the two will have to change. The moral question is: Who suffers more in the change? Demanding a trans woman use the men’s bathroom because she has an x and a y chromosome puts her at very real risk for harassment and assault. And any person, cis or trans, who is denied their gender identity is at risk for a wide range of horrific experiences. For society to change, we must learn to accept the unalterable fact of human gender diversity with a willingness to learn about it, so that our descendants may someday look upon it the same way we look upon exposed ankles. History implies we are capable of that.