By Carl Charles, Skadden Fellow, ACLU LGBT Project
As a transgender person, I don’t take small things for granted. I appreciate the store clerk who calls me “sir,” my colleagues who don’t struggle with my name or pronouns, and most important to my daily routine, I appreciate every uneventful trip to and from the bathroom.
To cisgender (non-transgender) people, going to the bathroom is a small thing, a normal and thoughtless part of their day, as routine as breathing air. To me, many other trans people, and anyone who doesn’t fit rigid norms of masculinity and femininity, just locating a bathroom where we will be safe causes anxiety, fear, and takes a great deal of time and effort.
There is widespread fear about trans people being able to go to the bathroom like everyone else does. Fear of how we might be different. Misinformation that somehow letting us go to the bathroom will make other people unsafe. Though there is no data to support that fear, there is data to show that trans people continue to be bullied, harassed, and worse just for simply existing.
Efforts to legalize this discrimination towards and harassment of trans people through so-called “bathroom-bills” have taken center stage in state legislatures in places like Massachusetts, Florida, Texas, Kentucky,Missouri, Arizona, and Nevada. These bills would not only fine trans people for using the restroom (up to a $4,000 dollar fine included in a recent California ballot initiative), but also criminalize and potentially send trans people to jail. We face fear, anxiety, and violence just by existing each day and these bills encourage further harassment and violence, attempting to legislate us out of public spaces.