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large cities have built unisex toilets aka all gender bathrooms most offer sex separated spaces too building laws in some states require public toilets to be separated by sex on august 28 2025 the u s education department cited the federal law of title ix to complain about denver public schools all gender bathrooms and its policy allowing students to use gender specific bathrooms corresponding to their gender identity 59 examples edit in a landmark 2013 case the colorado civil rights division ruled in favor of six year old transgender student coy mathis to use the girls bathroom at her elementary school it was the first ruling of its kind in the united states and one of the first high profile transgender rights cases garnering huge amounts of media attention 8 in may 2016 the united states department of justice and the united states department of education released a joint guidance on the application of title ix protections to transgender students 60 the guidance stated that for the purpose of title ix the department of justice and the department of education treat a student s gender identity as their sex the guidance was followed by a formal dear colleague letter on may 13 61 in october 2016 the u s supreme court agreed to take up the case of gavin grimm a transgender male student who was barred from using the boys bathrooms at his high school in gloucester county virginia 62 the u s court of appeals for the 4th circuit had previously ruled that grimm could use these restrooms but the supreme court stayed that decision in august 63 in february 2016 the city of charlotte north carolina adopted an ordinance which it said was intended to allow transgender persons a right to access bathrooms according to gender identity 64 the preexisting ordinance in 12 58 prohibited discrimination race religion or national origin in addition the preexisting ordinance in 12 59 banned discrimination based on sex but specifically exempted bathrooms changing rooms and other intimate spaces from sex discrimination prohibitions thus allowing separation based on sex 65 the ordinance did not ban discrimination based on gender identity or sexual orientation by the february 2016 amendment the city council added gender gender identity sexual orientation and marital status to the protected categories it also deleted this provision that allowed separation based on sex in so doing it essentially eliminated the word sex from the city ordinance leaving the term gender the north carolina legislature reacted by passing the public facilities privacy security act hb2 in addition to making other changes the bill defined the issue of bathroom access as one of statewide concern defined sex as biological 66 it required that all bathrooms be separated by biological sex it did allow for business owners to apply for a waiver to make single entry bathrooms all gender mixed sex afterward advocacy groups celebrities and businesses joined in a boycott of the state 67 later in a compromise the legislature agreed to repeal hb2 but it also barred localities from making any changes regarding bathrooms until 2020 68 shortly after hb2 was passed in may 2016 in the last year of president obama s presidency the u s justice department sued north carolina over its bathroom bill in order to stop its implementation 69 moreover advocates including lgbtq rights organizations have reported instances of businesses in north carolina enforcing toilet restrictions on transgender customers 70 in 2016 mississippi also limited public toilet usage through the enactment of a law that protects religious beliefs citing male man or female woman refers to an individual s immutable biological sex as objectively determined by anatomy and genetics at time of birth which does not consider transgender and intersex people 70 later the justice department under trump withdrew its opposition to this and similar state laws and policies in 2024 mississippi passed a bathroom ban that affects public schools 71 as of 10 may 2024 update according to the american civil liberties union 515 anti lgbtq bills had been introduced throughout the us during the 2024 legislative session most targeting transgender people bills currently being considered include kansas sb 180 72 in november 2024 representative nancy mace introduced a resolution to ban transgender people from using bathrooms other than those of their sex assigned at birth at the u s capitol in anticipation of the swearing in of u s house member elect sarah mcbride from delaware who is the first openly trans woman elected to congress 73 74 speaker of the house mike johnson then issued a ruling requiring transgender people to use the bathroom corresponding to their sex assigned at birth within the house of representatives 75 on march 19 2025 marcy rheintgen was arrested in the florida state capitol when she attempted to use the women s restroom in the building 76 77 she is being charged with possible jail time under a second degree misdemeanor 78 in june 2025 charges were dropped and the case was dismissed as prosecutors failed to meet the deadline for filing charging documents 79 public perception edit public opinion regarding bathroom access rights for transgender individuals in the united states is divided date s conducted support laws that require transgender individuals to use bathrooms that correspond to their birth sex oppose laws that require transgender individuals to use bathrooms that correspond to their birth sex don t know na margin of error sample conducted by polling type august 25 2023 august 30 2023 54 40 5 2 19 representative sample of 2525 american adults public religion research institute 80 online interview february 17 2023 march 3 2023 45 40 16 approximately a thousand adults under 75 ipsos online survey september 1 2022 september 11 2022 52 44 4 2 3 representative sample of 2523 american adults public religion research institute 81 online interview august 9 2021 august 30 2021 47 50 2 1 86 representative sample of 5 415 adults public religion research institute 82 online interview june 10 2019 45 47 3 5 percentage points 1 100 american adults pew research 83 cellphone and landline phones april 9 2019 april 20 2019 45 47 8 3 5 random sample of 1 100 adults public religion research institute online interview august 2 2017 august 8 2017 38 50 12 2 024 public religion research institute landline and cell phone may 3 2017 may 7 2017 48 45 7 4 1 011 adults american adults gallup 84 cellphone and landline phones march 2017 40 40 yougov 85 february 10 2017 february 19 2017 39 53 8 2 6 2 031 adults public religion research institute 86 live interviews via rdd telephones and cell phones august 16 2016 september 12 2016 2016 46 51 3 2 4 4 538 respondents pew research 87 web and mail may 4 2016 may 8 2016 50 40 10 gallup 88 april 28 2016 may 1 2016 38 57 5 3 1 001 adults cnn orc international 89 live interviews via landline telephones and cell phones march 26 2016 march 28 2016 37 37 26 4 1 000 adult american citizens yougov 90 online interviews june 3 2015 june 4 2015 46 41 12 4 1 1 300 unweighted respondents cbs nyt 91 reception edit see also violence against transgender people harassment of transgender people in bathrooms proponents of bathroom bills argue that such legislation is necessary to maintain privacy protect what they claim to be an innate sense of modesty held by most cisgender people prevent voyeurism assault molestation and rape 2 and retain psychological comfort 3 4 critics of bathroom bills have argued that they place transgender people in danger without making cisgender people any safer and that they even make things more dangerous for gender non conforming cisgender people 5 6 many national health and anti sexual assault organizations oppose bathroom bills such as the american medical association american psychological association and the american academy of pediatrics 10 11 12 13 the ucla s williams institute has tracked prevalence of crimes in bathrooms since the passage of various protections for the transgender population and has found that there has been no significant change in the number of crimes 8 9 marcie bianco writing for mic in 2015 pointed out that there is not a single documented case of a transgender person attacking a cisgender person in a public restroom 5 although there has been one reported incident of voyeurism in a fitting room 92 pacific standard described the controversy as a moral panic 93 and writer dan savage characterized it as an anti trans blood libel 94 according to the largest u s survey of transgender people ever undertaken carried out by the national center for transgender equality ncte in 2015 with 27 715 respondents 1 of respondents reported being sexually assaulted in a public restroom for being transgender 12 reported being verbally harassed in a public restroom and another one percent reported being non sexually physically assaulted for being transgender 9 reported being denied the right to use a public restroom consistent with their expressed gender 95 the ncte acknowledges in its report that this survey was undertaken before any bathroom bills had been passed or were in the news 95 studies including those cited by health organizations have found that denying transgender individuals access to bathrooms aligned with their gender identity is associated with adverse mental health outcomes including increased risk of suicide 96 97 a 2018 study in the journal of the american academy of psychiatry and the law finds that there is no current evidence that granting transgender individuals access to gender corresponding restrooms results in an increase in sexual offenses 98 education edit in 2016 the u s department of justice and u s department of education under president barack obama issued guidance to state and private educational institutions stating that these institutions had to allow transgender students to use toilets according to their gender identity the obama guidance suggested that schools and private institutions risked federal funding if they did not comply 99 how the guidance was issued was controversial guidance procedures are normally issued only to other federal agencies these guidances are then sometimes shared with state entities and private institutions as advisory but they are normally not compulsive while agencies can issue regulations that are consistent with existing law they cannot exceed or change the law moreover those regulations must comply with the u s administrative procedure act apa the apa requires notice to the public and a period for comments opponents argued that using the joint guidance was inappropriate and was designed to circumvent the apa the department of justice the department of education advocacy groups and private litigants brought cases to enforce the joint guidance interpretation 100 one of those cases g g v gloucester school board reached the supreme court in 2016 on february 22 2017 about a month after trump s inauguration the government withdrew the may 13 guidance 101 in withdrawing the guidance then attorney general jeff sessions stated in a letter the prior guidance documents did not contain sufficient legal analysis or explain how the interpretation was consistent with the language of title ix congress state legislatures and local governments are in a position to adopt appropriate policies or laws addressing this issue 102 on march 6 2017 the supreme court determined that in light of the changed position of the government the case should be vacated and the case remanded for further consideration in the lower courts 103 employment edit bathroom signs for men and women at the heritage foundation the equal employment opportunity commission eeoc is a key u s agency that enforces federal workplace rules states also have their own rules but in a conflict if constitutional federal law is supreme a key statute is title vii title vii passed as part of the civil rights act of 1964 prohibits discrimination in the workplace because of race color religion sex or national origin title vii does not mention sexual orientation or gender identity 104 although few dispute that congress was thinking about gender identity or sexual orientation in 1964 advocates have argued that sexual orientation and gender identity are included in the law s reference to sex in 2012 the eeoc adopted this view it ruled in macy v holder a case involving federal employees that title vii required that gender identity be treated the same as sex 105 it also ruled soon thereafter that a transgender person had to be afforded access to a public toilet matching the person s gender identity without a requirement of surgery or status identification 106 these decisions departed from then existing legal precedent as well as the eeoc s own long line of precedents the eeoc began to bring and support lawsuits across the country to enforce its interpretation citing the eeoc s holding several courts later followed the eeoc s interpretation although some rejected it on june 15 2020 the u s supreme court decided three cases about the rights of transgender people under the title vii of the civil rights act of 1964 r g g r harris funeral homes inc v equal employment opportunity commission the case involved a transgender woman who was fired from her job at a funeral home after she asked to begin wearing the uniform for women rather than men the funeral home s owner refused citing the religious concerns of the employer and potential clients the court ruled that transgender people are protected from employment discrimination regarding whether the decision affected the very existence of sex segregated bathrooms locker rooms and dress codes justice gorsuch wrote none of these other laws are before us we do not prejudge any such question today 107 bostock v clayton county altitude express inc v zarda one has seen reversals of obama era policies at the federal level with respect to other statutes such as title ix which prohibits denials of educational opportunity based on sex in may 2016 the u s department of education and the justice department under the obama administration indicated that single sex schools and schools receiving federal money must treat transgender students consistent with their gender identity under title ix of the education amendments of 1972 108 that guidance was later withdrawn by the department of justice under president trump 102 currently clarification needed in the u s each state county and city government enacts its own legislation governing how it will or will not address the rights of lgbt individuals this includes provision of public toilets state legislation edit bathroom bills have been proposed and debated in a number of state legislatures several state bills are based on and closely resemble model legislation provided by the conservative lobbying organization alliance defending freedom adf which has been classified by the southern poverty law center as an anti lgbt ...
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