The battle over bathrooms

Kailan Manadic, Senior Reporter

Last January, a transgender teen in Virginia fought to use the boys’ bathroom at his high school, touching on a national debate.

Last Friday, the Obama administration sided with him and directed all public schools to provide transgender students with access to bathrooms and facilities that match their gender identity.

Gavin Grimm, junior at Gloucester High School, came out as a transgender male in 2014, but despite initial acceptance, he was later denied the right to use the boys’ restroom.

Last June, Grimm sued the Gloucester County School Board over its restroom policy with support from the American Civil Liberties Union.

On April 19, the U.S. Court of Appeals ruled in favor of Gavin and held that transgender students have a right to use sex-segregated bathrooms and facilities that match their gender identity.

Less than a month later, the Obama administration issued a letter supporting this ruling by urging all public schools and most universities, including Central Washington University, to give transgender students these rights.

The letter emphasizes Title IX of the Education Amendments of 1972, which prohibits sexual discrimination at educational institutions that receive federal funding.

Citing Title IX, the letter warns that schools have the obligation “to provide transgender students equal access to educational programs and activities even in circumstances in which other students, parents, or community members raise objections or concerns.”

“As is consistently recognized in civil rights cases, the desire to accommodate others’ discomfort cannot justify a policy that singles out and disadvantages a particular class of students,” the letter said.

This letter will not largely affect Central. According to Richard DeShields, associate dean of student living, Central has practiced these guidelines over the years, and there haven’t been any issues.

“It’s just a reminder of our responsibilities,” he said. “We need to make sure we’re looking out for all our students and this helps give further clarification for people who might not understand.”

CWU has numerous gender-neutral family bathrooms, and a multi-stall gender-neutral bathroom in Bouillon Hall.

CWU has been adept at addressing issues regarding sexual minorities, according to Deshields.

“As a university, we’ve always supported all our students,” DeShields said. “If students have a need to talk about theses issues, we’re always open.”

This kind of support for the LGBT community is not seen everywhere. Grimm said the issue caused him unwanted scrutiny and embarrassment.

“I didn’t set out to make waves. I set out to use the bathroom,” he said in an interview with the Huffington Post.

The Obama letter adds to the nationwide controversy on transgender rights.

North Carolina enacted a law in March banning transgender people from using multi-occupancy bathrooms or changing rooms consistent with their gender identity. On Monday, the ACLU filed a motion asking a U.S. judge to block North Carolina from enforcing the law, according to Reuters.

In Washington state, the YMCA is facing backlash for giving transgender people bathroom rights, according to Denver Blackson, program coordinator for the Center for Diversity and Social Justice. Seattle is also facing scrutiny for trying to institute more gender-neutral bathrooms.

“When you get out to a wider range, there’s more people who haven’t met a transgender person,” Blackson said. “The more public a space is the harder it is for people to see the use sometimes.”

The main argument against the letter is that this should be a decision left to individual states, according to Charles Reasons, a professor of law and justice who’s teaching a class this quarter called Sexual Minorities, the Law and Justice.

Opponents also fear that students will be molested by a transgender person, or someone posing as such, Reasons said. The fear is a “boogeyman, there’s no evidence of it,” he said. “It’s absurd.”

Reasons said in his class he draws parallels between today’s bathroom issues and the civil rights movement.

“It is based on fear stereotypes and exaggerations … parents are fueling this fear, I would suggest, just as they did in the civil rights movement,” he said. “Now it’s the alleged hypersexuality of transgender persons or those who pose as transgender that is the big fear.”

Reasons said, a large part of the problem is a lack of education. In most instances, there isn’t proper education on the LGBT community in primary and secondary schools.

“We talk about diversity in terms of race and ethnicity, but not in terms of sexual minorities,” he said.