On Trump’s Transgender Bathroom Law

March 6, 2017

Doors of America are both opening and closing to President Trump’s executive bathroom order.

In 2016, former president Barack Obama issued a national Gender Neutral Bathroom Law that all public schools must allow transgender individuals to use the bathroom with which they identify. Sparking immediate controversy from the nation, Obama’s order only began to formulate when the new head of the office stepped in. Republican President Donald Trump, quickly shut Obama’s plans when he issued his executive bathroom order on Wednesday, February 22, 2017.

In the order, President Trump stated that the transgender bathroom law no longer applied to the nation as a whole, but would depend on the individual states and their establishments. Meaning, states had the right to decide whether their public schools could concede to the requests of the transgender community.

With this order’s release, America faced yet another split between its population as people either showed their support or ignited discontent over the executive decision. Since the topic has become more than a debate, the WHHS journalism staff thought that it would be interesting to present the arguments of both sides.

Trump’s Order: Discriminatory and Divisive

From figuring out their identity to facing widespread criticism, transgender students already face many troubles in modern-day America. And now, the simple act of using a bathroom has become a debacle for them, thanks to President Trump’s recent decision to leave the states to decide their restroom fate. Trump sends a message of hate and inequality to all transgender people throughout the already divided nation.

At UCLA School of Law’s Williams Institute, they are investigating the order and the actual number of bathroom crimes committed, considering that the defense of the opposing side is that transgender people in bathrooms may increase sex crimes. So far, they have not been able to find any known cases. Therefore, this issue is not really a threat, but politics exaggerate it so much that people believe that there are crimes committed on a daily basis in school restrooms throughout the country.

Media Matters, an online video series about important issues, checked with 12 school districts and none of them reported an increase in bathroom crimes after allowing transgender students to use the bathroom that they identify with.

In fact, many transgender people feel particularly at risk in bathrooms.

A study by the NPR showed that 70 percent of transgender people actually have been denied the basic right to use the bathroom and some of that percentage were actually assaulted for wanting to use the bathroom.

Even though Trump does allow the laws to be passed by the states, there still are plenty of states that will not pass nondiscrimination laws. The Human Rights Campaign found that more than half of the country does not have state laws to allow transgender students to use the bathroom of their choice. The law should be passed by the nation in order to guarantee the rights of all transgender people in every state.

“This move shows that President Trump cannot be trusted to defend the rights of LGBT Americans. This is not a state issue. This is an issue of equality for all. The administration’s wanton disregard of protecting the civil rights of the LGBT community is harmful to our communities and our schools,” says House Minority Leader Nancy Pelosi.

The facts show that there is not a major risk in allowing transgender people to use the bathroom of their choice. Therefore, the bottom line is that denying them access to that bathroom is simply discrimination and a violation of both LGBTQ rights and basic human rights.

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Pro- President Trump’s Executive Order

While President Trump’s executive order does not fully grant the rights to the transgender community, its verdict is reasonable as it does not take away their rights, but, does not force a specific verdict on the differently opinionated states.

As a full-fledged Republican, Trump firmly practiced his belief in the Tenth Amendment that values state’s rights and allows them to veto any executive orders that do not satisfy the public. His order does not take away Obama’s initial idea but merely alters it by leaving the decision up to each state.

President Trump knows the dangers of forcing political ideals on a largely divided crowd, especially when the majority disagrees with the former executive decision. Politico.com claims that a national poll recently taken off the CBS News/New York Times displays that “46 percent—said transgender people should be required to use the bathroom corresponding with their birth gender, while 41 percent said they should be able to use the restroom bearing the gender with which they identify.”

Furthermore, after calculating the results of a national survey Politico.com presented that “57 percent of all Americans surveyed said guidelines determining which bathrooms transgender students can use in schools should be left up to individual states and local governments, while 35 percent said the federal government should take the lead.”

Leaving the decision entirely to the states is an adequate response from the White House as it gives power to the people, thus not presenting the federal government as a potentially tyrannical faculty. Each state is given an opportunity to accept or decline the transgender community their request to use the bathroom in schools that they identify with. If the majority of the public within the state disagrees with the request, that state has the legal obligation of declining this privilege. In addition, there are underlying dangers of allowing students to choose the bathroom they wish to use.

According to lifesitenews.com, a thirty-seven-year-old man named Christopher Hambrook took advantage of Canada’s gender identity bathroom bill, and passed as a female, assaulting several women in a shelter in Toronto. Although the story did not take place in a public school, it serves as an example of the plausible harm that can be committed if schools allowed students to use bathrooms they identify with. On Debate.org debaters have written down that one of their main uncertainties about gender neutral bathrooms is fake predators posing as transgender people.

The transgender community is minor in perspective to America’s population. According to a study by The Williams Institute at the UCLA School of Law, “about 150,000 youth — 0.7 percent — between the ages of 13 and 17 in the United States identify as transgender,” which is less than 1 percent of the youthful group. America is first and foremost a Republic and relies on votes issued by the vast majority. In this case, as stated above, the majority believe that transgender people are supposed to use the bathroom of their actual biological makeup aka their original gender.

This issue remains predominantly disputable, with liberal states such as California advocating for the transgender community and refusing to accept President Trump’s new bill. However, President Trump’s bill is seen to be causing much less commotion in terms of its legality.

Leaving the decision up to the states solves the bathroom bill issue with a fair compromise. The states willing to make these social changes are granted the right to do so, while those who practice conservative stands have an equal right to decline it.    

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