Transgender Bathroom Rights

1. ContextA. The U. S. is one of the most "prudish" countries in the western world; that is we adhere to strict and rigid social norms about what is socially acceptable when it comes to sex and gender, specifically compared to our peers in Europe [1]. Many European countries are open about sex and do not stigmatize social nudity [2]. As such, they recognize that there is nothing inherently grotesque, or more importantly harmful, when it comes to mixing the sexes. B. Being transgender is very complicated; it's not a frivolous identity. Law makers have oversimplified this discussion by suggesting it "just makes sense" to use the bathroom that matches your biological sex. This is a fallacious bare assertion. Indeed gender is very complex and there are many factors (social and physical) that determine one's valid gender identity. It is NOT dictated by biological sex [3].2. Transgender RightsWhy is it important to let transgender people choose their bathroom? A. Transgender people experience insufferable discrimination and psychological hardship [4]. Some people believe they suffer from a condition called body dysmorphia [5]. Why make life harder (unnecessarily) for these people who are already experiencing so much pain and suffering? B. Transgender people often go through great pains to look like the opposite sex; many spend thousands of dollars on surgeries to dramatically transform their bodies. I would like to submit the following photos as examples of transgender people:. http://kitodiaries.com...(biologically female). http://twitter.com...(biologically female). http://instinctmagazine.com...(biologically female). https://cdn-webimages.wimages.net...(biologically male). https://timedotcom.files.wordpress.com...(biologically male)As you can see, these people do not at ALL look like their (atypical) sex. Transgender people would be tared at, ruthlessly mocked, confronted and violently attacked (history shows) if they used the bathroom that matches their biological sex, because most people would assume they were using the "wrong" bathroom. Indeed, even if my opponent argues that only transgender people who have had sex change surgeries ought to be allowed to choose their bathroom, how would any bathroom goer know whether or not this person had the surgery? More about this later. C. The primary reason it's important that trans people can select their bathroom is to protect their physical safety. Last year, a Congressional forum investigated what they called an EPIDEMIC of violence against transgender people [4]. The number of hate crimes against trans people has more than tripled in the last 2 years [5]. Much of this violence specifically stems from mistakes of gendered bathroom identity. Chrissy Lee Polis was viciously attacked by two teenagers as she entered the women’s bathroom at McDonald’s, after her attackers recognized Chrissy is transgender [6]. More than 70% of trans people have experienced violent intimidation and/or confrontation while using the bathroom; some were even denied access [7]. "There were health consequences for respondents as well, with 54 percent reporting physical complications like dehydration, urinary tract infections, kidney infections, and other kidney problems simply because of the tactics they used to avoid going to the restroom during the day. Many health facilities also have gender-segregated restrooms, which discourages individuals from seeking treatment for these conditions. As many as 58 percent have avoided going out in public at times because of bathroom concerns" [7]. Trans people suffer from transphobic bathroom policy, and have every reason to fear for their safety.3. The Case Against Trans RightsA. Socially conservative people who feel uncomfortable need to get over it. The law exists to protect people's rights, not their feelings. I personally feel uncomfortable by our money saying "In God We Trust" and having God in our Pledge of Allegiance; after all I am an atheist and our country is supposed to value a separation of church and state. Yet despite everything I'm uncomfortable with (including crocs, goth music and vegans), I have to coexist and recognize the rights of my fellow man. I can choose to stay home or avoid places where my discomfort poses a problem. These people's feelings aren't any more relevant than the feelings of trans people that ought to be considered. Trans people actually suffer psychological harm from rejection and condemnation of their gender identity [8] as opposed to just icky feelings which is childish. B. The biggest reason people oppose trans bathroom rights is because people are (allegedly) worried about women's safety. However this fear is completely unwarranted based on both statistical and logical analysis. First and foremost, let's consider whether or not gendered bathrooms would actually stop someone from committing sexual assault. Since rapists and voyeurs obviously don't care about breaking the law, it's naive to think gendered bathroom signs would be a deterrent. These people are already raping or voyeuring regardless of what the law or signs say. Second, people claim they are worried about their daughters peeing next to pedophiles. Why aren't people worried about their sons peeing next to pedophiles? The majority of pedophiles are cis gendered males, not trans, and we could arguably and reasonably suspect or notice when a cis gendered male enters the women's room. Most rape does not occur in public places, and occurs by someone that the victim actually knows [9]. "Over 200 municipalities and 18 states have nondiscrimination laws protecting transgender people’s access to facilities consistent with the gender they live every day,” according to the coalition. "None of those jurisdictions have seen a rise in sexual violence or other public safety issues due to nondiscrimination laws. Assaulting another person in a restroom or changing room remains against the law in every single state" [10]. Furthermore, anti-trans policies do not take into account that men can also be victims of sexual assault and harassment in public bathrooms. Transgender men who have had to use female restrooms due to such anti-trans laws experience a ton of violence in women’s bathrooms, and are told they don’t belong there. Why is violence against these people (which is real rather than theorized) any less significant?4. Pragmatic / Legal RealityA. Let's assume that my opponent suggests only trans people who have had sex changes ought to be able to choose their preferred bathroom. One, this discriminates against people who cannot afford to have the ridiculously expensive procedures it takes to transition. Two, this is not realistically enforceable. Once again, how would anyone know whether or not someone had sexual reassignment surgery, unless they were a doctor who could recognize such surgery AND asked any suspect to get naked in a public bathroom? There is no real way to implement this policy nor any realistic expectation of who to enforce it and how. B. Sexual organs alone often cannot distinguish gender. In fact there are lots of intersex conditions. “Intersex” is a general term used for a variety of conditions in which a person is born with a reproductive or sexual anatomy that doesn’t seem to fit the typical definitions of female or male [11]. C. Even if Con suggested making someone strip naked in a public bathroom to check their genitals, this is not Constitutional. U. S. citizens are protected from unreasonable searches by the 4th amendment [12]. D. The Supreme Court has set a precedent when it dealt with 1996’s Romer v. Evans. The Court explained that the Equal Protection Clause forbids a state from “singling out a certain class of citizens” and “imposing a special disability upon those persons alone. ” Such a law is “inexplicable by anything but animus toward the class it affects,” and under the 14th Amendment, “animosity” toward a “politically unpopular group” is not a “proper legislative end. ” Anti-trans bathroom policy “identifies persons by a single trait”—gay or trans identity—“and then denies them protection across the board. ” The Equal Protection Clause cannot tolerate this “bare desire to harm” minorities [13]. 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