The Search for Third Options in a Two-Bathroom Society
1 International Comparative, Policy & Ethics Law Review 77 (2018)
37 Pages Posted: 28 Mar 2018
Date Written: March 27, 2018
This Note presents a narrative on and the history of transgender bathroom rights in this country, beginning with the reasoning for a two-bathroom society and the development of “bathroom laws”. The development of the two-bathroom society is intertwined with and rooted in beliefs that have remained prevalent since the Victorian Era, ideas about core differences between men and women, and how best to protect the virtues of women. In order to weave this narrative, this Note focuses particularly on current cases that are making their way through our Courts: the stories of Gavin Grimm and Coy Mathis, whose battles are still in their early stages as they are caught up in embittered legal battles that delve into deeply private and personal issues about how trans children and adults identify in a public arena. This Note will look to various state and city laws that are in effect and offer an analysis as to their effects on the transgender population. Finally, this Note discusses the experience of being transgender in prison, and the idea of a dual imprisonment in those states that determine housing for inmates on the basis of sex at birth.
Keywords: Transgender bathroom rights, transgender equality, Supreme Court, state protections for transgender individuals, treatment of trans prisoners, G.G. v. Gloucester County School Board
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