Equality and justice are among the values upon which the US is established. Since its founding, the nation has strived to ensure that all its citizens are treated equally and justly. While the nation’s efforts should be commended, there is a need to remember that there is a lot that needs to be done. Guaranteeing the civil liberties of minority and marginalized communities is one of the issues that the US needs to address. Compared to other industrialized nations, the US has notoriously failed to protect the civil rights and liberties of vulnerable groups. Muslims, transgender and African Americans are among the groups whose rights and liberties have been violated as a result of systemic failures. The pain and anguish that these groups continue to endure are partly the result of government action and policy.
Transgender Bathroom Debate
Transgender individuals are among the groups in the US which have endured injustice and oppression. However, in the recent past, the US has made remarkable progress in guaranteeing the rights of these individuals. For example, transgender rights are now recognized at the government policy level. Successive governments have taken steps to ensure that no transgender individual suffers discrimination on the basis of their sexual or gender identity. Perhaps the most important development that has occurred is the decision to grant transgender people the right to use bathrooms of their choice. This policy was introduced during the Obama presidency and was part of efforts to secure the welfare of transgender individuals (Hersher & Johnson, 2017). Through the policy, the Obama administration instructed schools across the country to allow transgender students to use bathrooms that corresponded to their gender identity instead of their assigned gender. As would be expected, this policy sparked bitter debate and explosive conversations.
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To understand why the transgender bathroom debate is a civil rights/liberties issue, it is helpful to consider the views raised by the individuals on the two sides of the debate. On the one hand, those opposed to transgender bathroom access argue that this policy could set the stage for sexual violence and assault against students (Bracho-Sanchez, 2019). Essentially, these individuals are worried that sexual predators could exploit the policy to target vulnerable students in bathrooms. Additionally, critics of the policy argue that its implementation amount to a violation of the privacy of students (Associated Press, 2019). Essentially, according to these individuals, one’s views of their gender should not be sustained at the expense of the privacy of others. On the other hand, such parties as the Obama administration which introduced the bathroom policy are convinced that the policy holds the key to protecting and restoring the dignity and civil rights of transgender individuals (Levenson, 2018). There is no doubt that the Obama government was dedicated to securing the rights of the transgender community.
Whereas Obama sought to protect transgender individuals, the current President Donald Trump seems keen on reversing the gains that the transgender community has made. For example, recently, the Trump administration has begun a process which could see transgender individuals lose the bathroom rights that the Obama government granted (Hersher & Johnson, 2017). It is worth noting that government policy regarding transgender rights extends beyond bathroom access. Military service is another area where the government has introduced policy which affects the transgender community. For example, recently, the Trump government forbade transgender individuals against serving in the army (Chung & Stempel, 2019). To support this prohibition, the government argued that transgender military service was needlessly costly. Basically, the government asserted that such issues as the special healthcare provided to transgender individuals distracts from the military’s core mission and is unjustifiably costly. It is evident that the nation is regressing and failing to deliver on its commitment to protect transgender people.
Police Brutality and the African American Experience
The transgender community is not the only group whose civil liberties have been breached. African Americans are yet another community that has endured years of oppression and civil rights violations. Police brutality is among the many unjust issues that this community grapples with. For decades, African Americans have been the victims of various forms of police brutality. Their experiences are despite the constitutional protections that safeguard the rights of all Americans. For example, the Fourth and Fifth Amendments contain provisions that should protect African Americans. Whereas the Fourth Amendment insulates all Americans against unreasonable searches and seizures, the Fifth Amendment guarantees due process rights. It appears that law enforcement agents in the country do not feel that these protections apply to African Americans as well. In the past few years, there have been dozens of cases where police officers have used excessive force against black Americans. In some of these cases, the officers have shot dead unarmed African American men (Peeples, 2019). Police brutality is a civil rights question because it targets a particular community. Whereas officers tend to treat white Americans with respect, they handle African Americans with dismissive attitudes and flagrant disregard of the law.
In an effort to safeguard the rights of African Americans, the government has implemented a number of interventions and policies. For example, while in office, President Obama effected a policy that required police departments to issue their officers with body cameras (Foster, 2014). The purpose of these cameras was to promote police accountability by recording interactions between officers and communities. It was hoped that when they understand that they are being watched, police officers would act responsibly. However, despite being a noble initiative, this policy has been ineffective. Kelsh (2016) authored an article in which he details the results of a study which sought to establish the effectiveness of the policy. While he admits that the policy has had some positive effects, Kelsh acknowledges that the policy has not necessarily led to improved relations among African Americans and law enforcement. The policy seems to have been so ineffective that even when in the full glare of cameras, officers are still shooting dead unarmed black men. For example, the girlfriend of Philando Castille, one of the dozens of black men who have lost their lives to police brutality, recorded his shooting. This case shows that police brutality is a deeply-rooted problem that cannot be fixed by such simple measures as requiring officers to wear body cameras. More concerted efforts are needed to reiterate the equality of all Americans and call for an end to police injustice.
Muslim Ban
For many, the US is a melting pot of cultures. This impression is largely true because the nation has opened its doors to individuals from a wide variety of cultural backgrounds. However, recent events have raised questions regarding the nation’s dedication to promoting diversity. In particular, it appears that the US is not genuinely dedicated to protecting religious liberties. The treatment of Muslims in the country is among the issues which suggest that religious freedoms are at risk. During his campaign in preparation for the 2016 presidential elections, the then candidate Donald Trump vowed to block Muslims from entering the country. Upon entering office, he moved to honor this promise. Citing the need to ensure national security, President Donald Trump signed an executive order that prevented individuals from Muslim countries from entering the country (“Living with the Muslim”, n.d). While this order was challenged in court, its very introduction makes it clear that Islamophobia remains a serious problem that the US must address.
Through the Muslim ban, the Trump government has essentially made it clear that it does not consider religious liberty to be a freedom that should be protected at all costs. Basically, the government undid years of progress that the nation had made in promoting harmony and tolerance. As is the case with the other civil liberty issues addressed earlier, the US needs to be more aggressive in protecting religious liberties. In particular, it should ensure that Muslims and other religious minorities enjoy the rights that the constitution guarantees. While government action holds the key to protecting religious freedom, the American people need to play a leading role. They should tackle Islamophobia and strive to restore the tolerance and diversity that have defined the fabric of the American nation.
In conclusion, protection of civil liberties is one of the issues that set the US apart. While other nations are struggling to ensure that the liberties of their people are guaranteed, the US has been staunch and passionate in its defense of civil rights. However, there are a number of issues which suggest that the nation is regressing. The revocation of transgender bathroom rights, the prohibition of transgender individuals from serving in the military, police brutality against African Americans and the Muslim ban are among these developments. These issues represent a serious and unacceptable violation of fundamental liberties. The government is mostly to blame for these issues. It has introduced policies which contravene the constitution and expose minorities to the risk of violence and violations. If the US is to regain its status as a passionate advocate for civil rights, it should spare no effort in protecting minorities.
References
Associated Press. (2019). Virginia school's transgender bathroom ban is back in court. NBC News. Retrieved October 1, 2019 from https://www.nbcnews.com/feature/nbc-out/virginia-school-s-transgender-bathroom-ban-back-court-n1032761
Bracho-Sanchez, E. (2019). Transgender teens in schools with bathroom restrictions are at higher risk of sexual assault, study says. CNN. Retrieved October 1, 2019 from https://edition.cnn.com/2019/05/06/health/trans-teens-bathroom-policies-sexual-assault-study/index.html
Chung, A., & Stempel, J. (2019). U.S. court lets Trump transgender military ban stand, orders new review. Reuters. Retrieved October 1, 2019 from https://www.reuters.com/article/us-usa-trump-transgender/us-court-lets-trump-transgender-military-ban-stand-orders-new-review-idUSKCN1TF1ZM
Foster, P. (2014). Barack Obama: police should wear body cameras after Ferguson unrest. The Telegraph. Retrieved October 1, 2019 from https://www.telegraph.co.uk/news/worldnews/northamerica/usa/11267008/Barack-Obama-police-should-wear-body-cameras-after-Ferguson-unrest.html
Hersher, R., & Johnson, C. (2017). Trump administration rescinds Obama rule on transgender students’ bathroom use. NPR. Retrieved October 1, 2019 from https://www.npr.org/sections/thetwo-way/2017/02/22/516664633/trump-administration-rescinds-obama-rule-on-transgender-students-bathroom-use
Kelsh, C. (2016). Do body cameras change how police interact with the public? Journalists Resource. Retrieved October 1, 2019 from https://journalistsresource.org/studies/government/criminal-justice/body-cameras-police-interact-with-public/
Levenson, E. (2018). All the ways the Trump administration has rolled back protections for transgender people. CNN. Retrieved October 1, 2019 from https://edition.cnn.com/2018/10/22/politics/transgender-trump-protection-rollback-trnd/index.html
Living with the Muslim ban. (n.d). ACLU. Retrieved October 1, 2019 from https://www.aclu.org/issues/immigrants-rights/living-muslim-ban
Peeples, L. (2019). What the data says about police shootings. Nature. Retrieved October 1, 2019 from https://www.nature.com/articles/d41586-019-02601-9
