Transgender People and Bathroom Access

Everyone deserves to take care of their body in safety and privacy. Access to public restrooms is a basic right protected by the Civil Rights Act of 1964, and transgender people deserve and need equal access to facilities to safely exist and participate in public life. 

Sadly, anti-trans extremists are spreading fear and misinformation about trans people, attacking our right to simply use the restroom. Laws in dozens of states target the trans community’s ability to use bathrooms, which makes many trans people nervous to even take care of our basic needs for fear that we will be targeted, harassed, or assaulted. 

Trans people have long been using public restrooms just like everyone else without incident. Most people have shared a public bathroom with a trans person, even if they didn’t know it. It is simply common sense for  trans people to use the bathroom that best matches their identity. 

In fact, improving access to public spaces is good for everyone, while policing bathrooms has resulted in elevated harassment in restrooms, including against cisgender women who might not fit gendered stereotypes. Anti-trans fearmongering harms anyone who doesn’t conform to narrow expectations about what a man or woman looks like.   

Get the facts about trans people and restrooms

Regardless of state or federal law, you have the right under the Civil Rights Act of 1964 and the Equal Protection Clause of the 14th Amendment to use the restroom that aligns with your gender identity. Most states, cities, and schools respect these rights, but 18 states have passed laws restricting our right to use public facilities, citing myths and negative stereotypes about transgender people to spread fear and misinformation.

Law enforcement officials and sexual assault advocates in states and cities with trans-inclusive policies have said over and over: bathroom bans do not make anyone safer.

Research shows there is no link between trans-inclusive bathrooms and crimes in bathrooms or locker rooms. Nondiscrimination laws protecting transgender people in these kinds of facilities have been around for a long time, with no increase in public safety incidents in restrooms or locker rooms. In fact, studies have found that discriminatory bathroom and locker room policies are associated with higher rates of other students assaulting trans youth. Gender justice and women’s rights organizations agree that bathroom bans only put transgender people - and anyone who doesn’t conform - at risk. 

Restricting equal access to public facilities is harmful - and it doesn’t work

Banning transgender people from using facilities in alignment with their gender identity deprives them of the ability to participate in public life. Without the ability to use a public restroom, trans people are less able to live their lives and travel outside their home. Trans employees need to be able to use the restroom at work to keep their jobs without risking their health and safety. Trans people also need to be able to access government buildings for basic tasks like voting or visiting the post office. 

Transgender people cannot safely use the bathroom of the gender they were assigned at birth just because the law requires them to. Trans people are routinely subjected to harassment and assault in bathrooms. Sixty-eight percent of trans people have been verbally harassed and 9% have been physically assaulted when using a public restroom in the past 12 months. And sadly, 8% of trans people have faced a kidney or urinary tract infection from having to avoid restrooms for their safety. In addition to being discriminatory, bathroom bans are bad for our health! 

Offering separate or private bathrooms is a great way to ensure anyone can feel comfortable when they go to the bathroom, whether or not they're transgender. However, forcing transgender people to use private bathrooms simply because they’re trans is isolating and reinforces the idea that transgender people are somehow harmful and should be kept separate from everybody else. Practically speaking, single-occupancy bath­rooms are often unavailable, inconvenient, or inaccessible to people with disabilities. 

Excluding trans people from public restrooms does not protect anyone, and laws that do so are cruel, dehumanizing, and contribute to a climate of fear and judgment. 

What does trans inclusion look like? 

Trans-inclusive policies allow all people—including transgender people—to use the bathroom that best matches their gender identity. Trans-inclusive policies do allow for men’s and women’s rooms, and recommend but do not require gender-neutral bathrooms. Those who are living as women simply use the women’s room, and those that are living as men use the men’s restroom.

Nonbinary people should always be able to use the restroom that they feel safest in. They know their own needs best! Learn more about nonbinary people at Understanding Nonbinary People: How to Be Respectful and Supportive.

Signs indicating where people can find gender-neutral or single-occupancy restrooms are one helpful way to support nonbinary folks.

Religious faith and trans rights can easily coexist

Nondiscrimination laws don’t violate anyone’s religious freedom. Everyone—including transgender people—should be treated equally under the law. Like all nondiscrimination protections, trans-inclusive policies don’t require anyone to change their religious beliefs: they simply ensure that transgender people can live, work, study and participate in public life according to their identities. 

Many faiths accept, affirm, and support the rights of transgender people. And no matter your beliefs, there should always be room for treating others with respect and dignity. 

Trans people need strong and comprehensive nondiscrimination laws, support from our allies, and cultural acceptance to truly thrive. We must work together to build a society that values the dignity of transgender people.