President Barack Obama made the protection of vulnerable and marginalized groups a major focus of his administration. Transgender people are among the groups that the government sought to protect. One of the policies that the government introduced as part of its efforts to secure the welfare of these people was to require schools to allow them to use bathrooms of their choice. This policy inspired debate as there are some who believed that the policy would make schools less secure. The state of Florida is among those where the debate has been most intense and divisive.
Description of Issue
As already noted, the American public is sharply divided regarding the question of allowing transgender people to use bathrooms that they choose instead of the ones that correspond to their gender at birth. This division can be seen in the stances of state and local authorities in Florida. At the state level, there are no laws that offer specific guidelines regarding the bathrooms that transgender people can use. However, the views of the state’s governor, Rick Scott can be used to determine the position of the state government. When the Obama government introduced the transgender bathroom use policy, Scott indicated his support. He noted that the state government would review the policy carefully before taking action (Clark, 2016). While the state government appears to support the policy, local leaders and authorities are vehemently opposed. For example, Representative Janet Adkins dismissed the policy as a violation of state autonomy and an imposition by the Obama administration (Clark, 2016). While Adkins does not speak for all local leaders, her views highlight the deep divisions that exist.
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Elected leaders are not the only stakeholders who have offered their thoughts on the transgender bathroom policy. Lobbyists and public interest groups have also been drawn into the debate. There are various lobbyists who have worked tirelessly to protect the rights of transgender people. Change.org is among the lobby groups which campaigned against a law that sought to restrict the type of bathrooms that transgender people can use (Mender, n.d). For the most part, public interest groups are opposed to the policy that the Obama administration sought to implement. These groups raise concerns that the policy could be exploited by sexual predators to prey on women and children (Grinberg & Stewart, 2017).
How Issue is being Addressed
To understand how the transgender bathroom debate has divided America, one simply needs to examine the perspective of different states. While some states are in support of the policy, others are bitterly opposed. North Carolina is among the states whose authorities have expressed opposition to the policy. This state enacted a law that prohibited transgender people from using bathrooms that they felt was more in line with their expressed gender identity (Barnett, Nesbit & Sorrentino, 2018). While such states as North Carolina have collided with the Obama administration regarding the rights of transgender people, there are other states which have adopted policies that are in line with the position of the Obama government. These states include Oregon, Rhode Island, Colorado, Connecticut and Delaware, among others (Barnett, Nesbit & Sorrentino, 2018). The question of transgender bathroom rights is being viewed through the lenses of public safety and the need to honor the laws which prohibit discrimination on the basis of sexual identity or orientation. The states in support of the transgender bathroom rights contend that they are simply complying with such laws as the Civil Rights Act which prohibits all forms of discrimination (Barnett, Nesbit & Sorrentino, 2018). On the other hand, the states opposed to the policy cite concerns over threats to public safety.
Moral and Ethical Arguments
Both sides in the debate regarding bathroom rights for transgender people raised interesting arguments to support their respective perspectives. On the one hand, those in support of the transgender bathroom policy contend that the transgender bathroom issue is a question of human rights (Powell, Shapiro & Stein, 2016). They argue that transgender people are born a certain way and that it is deeply unfair to require them to conform to societal notions of gender. Another argument that supports the right of transgender people to use bathrooms of their choice is centered on the ethics of equality. In title IV of the Civil Rights Act, there is a provision that guarantees equal protection for all Americans regardless of such issues as their sexual orientation or identity (Barnett, Nesbit & Sorrentino, 2018). On the other hand, those who feel that it is not appropriate to allow transgender people to use their bathrooms of their choice cite the autonomy of states. They argue that when it forces states to comply with the bathroom policy, the federal government essentially violates the independence of the states. As noted earlier, the opponents also use the argument that there is a need to ensure public safety.
Variation of Public Sector Morals
An examination of the views of the American people reveals stark contrasts along the lines of demographics and geography. Generally, southern states have been more vocal in their opposition to the bathroom policy (Jones, 2017). These states echo the views of a majority of the American people. It is understood that most Americans feel that transgender people should be required to use bathrooms that match their birth gender (Jones, 2017). On the other hand, Northern states have generally adopted official positions that recognize the rights of transgender people. Age and political affiliation are other factors that are shaping the views of the American people. Voters who lean towards the Democratic Party are more supportive of the rights of transgender people (Lopez, 2016). Polls also show that younger people support the transgender bathroom policy introduced by President Obama (Lopez, 2016). Religion is yet another factor that influencing the opinions of Americans. Poll results indicate that religious influences drive Americans to oppose any policy that appears to endorse the lifestyles of transgender people. The figure below captures the role that religion has played in shaping the transgender debate:
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The fact that various factors are shaping the debate on this policy underscores its complexity and the need for dialogue.
Solution
There is no doubt that the American people are deeply divided. The country’s leaders have a mandate to provide a solution that unifies the country. It is nearly impossible to reconcile the arguments raised by the two sides. For this reason, a suggestion is presented that the country needs to settle the debate through the ballot. The American people should be allowed to inform official government policy by indicating whether they support transgender bathroom rights through an electoral process. To ensure that the will of the majority is respected, the government should strictly enforce the results of the ballot process. However, it should also institute some safeguards to protect transgender people if the result of the vote shows that most Americans oppose letting these people use bathrooms that do not necessarily match their gender. An electoral process is in line with the American spirit of democracy. Instead of the government dictating to the people, the citizens should be offered the opportunity to decide.
In conclusion, the debate about the rights of transgender people is far from being settled. There are two opposing sides which have adopted hardline positions. On the one hand, there are those who believe that the nation should recognize the rights of transgender people. This side includes the states that have enacted laws empowering transgender people to choose the bathrooms to use. On the other hand are those who feel that such laws would pose a security threat to the public. Ethical and moral arguments have been presented to support the positions held by the two sides. To achieve a binding resolution, the US needs to hold an electoral process where American voters are allowed to define the country’s policy on transgender people.
References
Barnett, B. S., Nesbit, A. E., & Sorrentino, R. M. (2018). The transgender bathroom debate at the intersection of politics, law, ethics and science. The Journal of the American Academy of Psychiatry and the Law, 46 (2), 232-41.
Clark, K. M. (2016). Transgender bathroom debate comes to Florida. Miami Herald. Retrieved November 4, 2018 from https://www.miamiherald.com/news/state/florida/article78352102.html
Grinberg, E., & Stewart, D. (2017). 3 myths that shape the transgender bathroom debate. CNN. Retrieved November 4, 2018 from https://edition.cnn.com/2017/03/07/health/transgender-bathroom-law-facts-myths/index.html
Jones, R. P. (2017). Majority of Americans oppose transgender bathroom restrictions . PRRI. Retrieved November 4, 2018 from https://www.prri.org/research/lgbt-transgender-bathroom-discrimination-religious-liberty/
Lopez, G. (2017). We asked US voters about their views on transgender people. Here’s what they said . Vox. Retrieved November 4, 2018 from https://www.vox.com/2016/5/24/11746086/transgender-bathrooms-poll-survey
Mender, E. (n.d). Vote against HB 583/SB 1464 anti-transgender “bathroom bills”. Change.org. Retrieved November 4, 2018 from https://www.change.org/p/say-no-to-florida-s-anti-transgender-bathroom-bill
Powell, T., Shapiro, S., & Stein, E. (2016). Transgender rights as human rights. AMA Journal of Ethics. Retrieved November 4, 2018 from https://journalofethics.ama-assn.org/article/transgender-rights-human-rights/2016-11
1 Image retrieved from https://www.prri.org/research/lgbt-transgender-bathroom-discrimination-religious-liberty/
