Trans* Talk: Bathroom Bills

I began following a case titled Doe v. State of South Carolina, in which an anonymous transgender teenager (referred to only as John Doe) is challenging South Carolina’s state law which prohibits students of the opposite sex to enter changing rooms, restrooms, and other private facilities of one sex. This law, South Carolina’s Proviso 1.120, affects all students in public Pre-K through high schools, denying Trans* students the right to use the bathroom that corresponds to their identity. John Doe, who is entering 9th grade this year, has rallied the support of his family and the Alliance for Full Acceptance (AFFA), a local LGBTQ+ advocacy group.

While the outcome of the case is still pending—now being reviewed by the U.S. Court of Appeals after an injunction in Doe’s favor—it has the makings of a pivotal case in the fight for Trans* rights, and especially the rights of Trans* youth in South Carolina and other historically red states.

On August 28, Doe’s case came before the Supreme Court, as South Carolina asked to bar Doe from using the boy’s bathroom while the case awaited appeal, ironically called an “Emergency Application.” The Supreme Court, as of September 10, has denied South Carolina’s request, and John Doe will be able to use the restroom of his gender identity as he enters his freshman year. Though the Supreme Court expressly stated that their rejection “is not a ruling on the merits of the legal issues presented in the legislation,” it is still a hopeful outcome. It is also in line with a previous ruling, Grimm v. Gloucester County School Board, wherein the Supreme Court decided that barring a transgender student from the restroom that corresponds to their gender identity violates Title IX and the Equal Protection Clause of the U.S. Constitution.

The Evergreen Echo

South Carolina is one of several states that have tried to pass restrictions on bathroom use by Trans* individuals. Other states include Arkansas, Florida, Mississippi, Montana, Oklahoma, South Dakota, Utah, and several others (more information can be found on a detailed map highlighting states and their restrictions). South Carolina’s Proviso 1.120 maintains a lot of the same rhetoric that other bathroom bills (their colloquial title) use, such as conflating sex and gender, defining sex as only male and female, and offering no reasonable way to enforce the policy, other than checking student IDs and birth certificates.

John Doe’s case asserts that based on previous court decisions, Proviso 1.120 is unconstitutional and infringes upon the rights of Trans* students. On the backs of cases like Grimm v. Gloucester County School Board, Doe’s case states that barring Trans* students from the bathroom that aligns with their gender identity can be incredibly harmful, both emotionally and physically. It also refutes the right-wing rhetoric that put the Proviso into motion.

As a Trans* person myself navigating the world at a time of rampant transphobia and anti-trans rhetoric, there are many parts of this case that give me cause to celebrate and cause to be angry. Bathrooms have become, quite frankly, a battleground—one of the most mundane places to be now feels like a ticking time bomb each time I enter. Men’s or Women’s—it often feels like there isn’t a right answer, even in a progressive city like Seattle. Often this means I refuse to use the restroom until I am home or able to go with someone else I trust, and I am not the only one.

A 2015 US Transgender Survey reported that nearly 60% of Trans* individuals avoid using public restrooms, 31% said that they avoid drinking and eating in public so they don’t have to use the restroom as frequently, and 8% said they had a kidney or urinary tract infection as a result of avoiding bathroom use. While the US Transgender Survey’s most recent survey, taken in 2022, does not ask specifically about bathroom usage, it does show that 24% of Trans* individuals avoid seeing a healthcare provider due to fear of discrimination. It is likely that the 8% mentioned above could be a low-ball, as many individuals do not seek out healthcare. It’s also reasonable to assume that since the second term of the Trump Administration, and the increase of blatant transphobia in the media, that these numbers have likely risen. In my own personal experience, and from what I have seen following Trans subreddits and other social media catered to Trans* individuals, UTIs, pelvic floor issues from holding the bladder, and fear around bathrooms is growing increasingly common.

The Evergreen Echo

The psychological effects of being banned from a bathroom or afraid of using a bathroom are also grave. I could imagine a lot of cis folks would have trouble understanding the isolation that comes with these bans. Being forced to use a bathroom that does not align with your gender can be dysphoric, but beyond that, there is a sense of ostracization. If I know I am attending an event without a reliable and safe place to use the bathroom, I might not go, or if I do, I will feel anxious. The fear is that someone will decide that I do not belong in a restroom, that I will be accused of predatory behavior, and that I could potentially face legal repercussions or violence. And this fear remains present, even in blue states and liberal areas.

If we, as Trans* people, are not allowed in public restrooms, the feeling follows that we are not allowed in public spaces. If a Trans* student is not allowed in school restrooms, they may feel they aren’t allowed in school.

John Doe’s case is important, as are the many cases filed against bathroom bills. They are fighting for not just our right to go to the restroom, but for our right to exist in public spaces. With so many people rallying around this student, their friends and family, and the AFFA, I am hopeful that we could see a good outcome. As the anti-trans rhetoric continues, it is important to know that we can still fight and win, and to support each other across state lines.