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Bathroom Laws

There was a decision made by the Trump administration a few weeks


ago which hit a nerve with me. They rescinded the Obama administrations
ruling on transgender bathroom use. The previous policy stated that
transgender people can use whichever gender bathroom they identify with in
schools. They were able to make such a decision based on Title IX and the
14th Amendment (https://www.theatlantic.com/politics/archive/2016/08/why-
the-courts-cant-save-trans-kids/494687/ ). The 14th amendment states that
no person should be denied their rights to equal protection of the laws. This
amendment set the precedent for civil rights in the United States. These are
rights which should be granted to every American as stated in the
amendment regardless of their gender identity. Title IX is part of the
Education Amendment Act of 1972. This federal law protects against
discrimination in education on the basis of sex. Therefore, this should ensure
that transgender people are protected due to the fact that by very definition
transgender applies to a persons sexual identity.

https://www.change.org/p/say-no-to-florida-s-anti-transgender-bathroom-bil http://www.reuters.com/article/us-usa-lgbt-north-
carolina-feature-idUSKCN10B0F7

But, this removal of the federal bathroom policies will inevitably cause
issues. The current administration states that they want the decision to go
back to the states, as is part of the presidents campaign. Well, there are a
few complications to this statement. First off, based on the way the president
has currently been enacting policy he has been trying to expand the
national governments role, not reduce it. Therefore, this is completely
inconsistent with his pattern of behavior presently. Additionally, many states
have expressed their disapproval for the bathroom laws already. Mississippi
even took it upon themselves to define a man or woman as a matter of law
completely excluding transgender men and women in this definition. North
Carolina has acted against the previous federal law, and South Dakota and
Washington have measures to go against the federal law as well
(https://www.theatlantic.com/politics/archive/2017/01/states-see-a-new-
wave-of-transgender-bathroom-bills/512453/ ). Even when President Obama
and the Department of Education sent out letters threatening states with the
loss of federal funding, these states continued to enforce these laws
(https://www.nytimes.com/2017/02/24/us/transgender-bathroom-law.html?
_r=0 ). Rather than progressing as we should be, we are regressing in terms
of transgender rights as a result of this presidential action.

http://www.nbcnews.com/feature/nbc-out/nba-pulls-all-star-game-out-charlotte-over-hb2-n614466

But some of you say that this is a law about bathrooms its no big
deal. Well, you are flat out wrong. This is a huge deal. This law was enacted
not simply to ensure who can use which facilities, but to create more of an
inclusive America. An inclusive America which stands for trans rights and
protections, recognizing them as a community. A huge issue in America is
how to identify someone as transgender. There is a claim that someone who
is trans is mentally ill and therefore should not be granted the same legal
protections as others such as lesbians and gays. But, as agreed by the
psychiatric, medical and psychological communities in America, transgender
is not an illness. Being transgender is simply states as someone whose
gender assignment at birth does not match their gender. Not only do we
have to recognize this group, we need to protect them legally. As stated by
the Atlantic, the law is essential for making sure transgender people can
move through the world free from violence and harassment, and mitigating
the side effects of extreme marginalization, including significantly higher
rates of depression and suicide.(
https://www.theatlantic.com/politics/archive/2017/02/transgender-
guidance/517530/ ) Additionally, to attempt to force this community from
identifying with their preferred gender identity, gender dysphoria and other
conditions may arise which can cause someones development to be socially
and mentally delayed. There are 150,000 people calculated from the ages of
13-17 who have openly identified themselves as transgender - which
inevitably means this number is actually significantly higher. All of these
people are our fellow citizens who we need to be there to support, to let
them know that we accept them.
And, I would just like to say this statement is regardless about how I feel
about which party and the president. At the very core no matter who I align
with I cannot stand by and support this decision.

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