Exploring Gender Minorities' Bathroom Rights Under the Donald Trump Presidency
30 Pages Posted: 18 Jan 2018 Last revised: 4 Sep 2018
Date Written: January 15, 2018
In the final two years of Barack Obama’s presidential administration, the United States executive branch made herculean strides to increase the bathroom rights of intersex and transgender Americans. Nevertheless, under President Obama’s successor, Donald Trump, the executive branch has repealed the previous administration’s memorandum in support of bathroom choice. This article explores the future of gender minorities’ bathroom rights in the United States, given the recent policy changes under the Donald Trump administration. Part I of this article provides a brief history of sex segregated bathrooms in the United States, as well as the reasons behind the United States continuing to maintain these sex-segregated spaces. Part II explores the impact of bathroom segregation on two specific gender minority groups: the intersex and the transgender. Part III explores recent efforts by gender-minority plaintiffs to use federal law to obtain greater bathrooms access. Finally, Part IV explores the likelihood of future gender-minority plaintiffs suing successfully to obtain bathroom access under existing federal laws.
Keywords: Bathroom, Intersex, Transgender, Donald Trump, Title VII, Title IX, Americans With Disabilities Act, Gender Dysphoria, Gender Protection, Constitutional Law, Equal Rights, Equal Access, Gender Binary, Bathroom Access, Civil Rights Act, Sex Segregation
JEL Classification: I00, I1 I18, I2, I21, I23, I28, I3, L5, I30, I31, I39
Suggested Citation: Suggested Citation