The Texas bathroom bill is a bill
developed with the aim of restriction of access to bathrooms for different
people in the society. It is a bill that limits the use of bathrooms based on
the gender listed on the birth certificate or ID. This is a bill that defined
access to restrooms for transgender individuals. It is a bill that specifies
the use of restrooms for either male or female. However, transgender
individuals are people whose gender identification has been changed, and this
brought about a lot of issues because there lacks a specific restroom for them.
Transgender people often use restrooms that they currently identify with after
a sex change. However, the bathroom bills specify that they use restrooms based
on the gender listed on their birth certificates. An example is whereby an
individual was born as a boy, and the birth certificate confirms sex as a male,
however, after a sex change, he will become a female. The problem is that
because of the bathroom bill she will not be able to access the restroom for
ladies because her birth certificate indicates that she is a boy despite the
sex change. The bathroom bill has created a lot of controversies in Texas. This
is because of the high level of opposition to the bill by gay movements,
corporate societies, and many lawmakers.
The bill is said to cause a lot of segregation in the use of public
facilities. This segregation is a factor that may lead to bullying, oppression,
and discrimination of transgender individuals. This paper will, therefore,
explore the Texas bathroom bill as an unsustainable factor that would cause
more harm than good to the society.
The developments of the Bill
The Texas bathroom bill was championed
by Governor Dan Patrick. The bill itself was filed in the first special session
and the regular legislative session all of which apart from the Texas
legislature in the year 2017. They were
passed in both sessions by a vote of 21- 10. The passing was mostly along party
lines. Most of the senators in favor of the bill were Republicans were
conservatives of the religious and social values of the American society. There
was only one Democrat in favor of the bill and was Senator Lucio. However, both
session never reached the House floor, and this meant that they did not get the
chance to a vote. It was received by a lot of criticism and opposition (Dart,
2017). The Houseâ€™s Speaker Joe Straus highly opposed the bill stating that it
would cause great economic implications in Texas. He also highlighted the
mental and psychological implications the bill would have on transgender
individuals in the state and warned the Governor that he did not wish for any
suicides in the state because of such an unsustainable bill. It was a bill
championed by religious conservatives, and the failure of the bill to receive a
vote was a great embarrassment to them and the politicians championing it.
However, the issue is not through because the following year the process will
continue and this time it will happen with a lot more anger and zeal to pass
the bill. The Republicans are moving to restructuring their leadership in the
line of developing a more energized approach The Governor could soon call for
another special paper, and the bill will be back (Montgomery, 2017).
The bathroom bill developed after a
landmark case that took place in 2013. This case was associated with the
restriction of a transgender student of six years of age by the name of Coy
Mathis. She was restricted from accessing the girlâ€™s bathroom at her school because
she was born a boy and now transitioned to a girl. This was the first high
profile transgender cases associated with their rights in the United
States. The case received a lot of media
attention which brought into the limelight, the issue of the humanâ€™s rights for
transgender people. This was a new gender identity that had not been given any
attention by the government and the society. However, they remain members of
the society that deserve equal rights (Dart, 2017).
The government responded in 2016
through the development of Title IX that provided for the protection of
transgender individuals. There have been the different ruling of the case in
courts. A case in 2016 involved a transgender male by the name of Gavin Grimm.
He was restricted from using the boyâ€™s restroom at his school. The court had
accepted this use, but in August 2016, the decision stayed. There is a lot of
disunion in the United States regarding the issue of transgender. Fifty-one
percent of the country is in favor of transgender people using restrooms that
identify with their current gender, while forty-six percent of the nation
opposes this and favor their use of restrooms that they were borne into. Recent
polls showed that more than forty percent of the American population is in
favor of the development of a law that would restrict transgender individuals
to use restrooms that identify with the genders they were born in., while forty
percent oppose such laws (Giorgi, 2017).
The bathroom bill is unsustainable
The bathroom bill in Texas would
restrict the use of restrooms in schools and government buildings. This means
that the bill will force transgender to use washrooms whose gender they do not
identify with. A girl who has transitioned into a boy can no longer use a
girlâ€™s restroom because it cannot satisfy his need as a boy after the
transition. The same goes for boys transitioned into girls. Proponents of the
bill argue that the bill is meant to enhance safety and privacy in schools.
They say that lack of restrictions can cause risks to safety for both girls and
boys in schools. On the other hand opponents of the law argue that the bill
creates a great risk to the safety of transgender individuals (Signorile,
There is a great risk of bullying and violence
against them. They are different individuals after the transition and being
forced to use a washroom with a gender they do not identify is prone to cause a
lot of segregation and discrimination. There will be a rise in profiling,
transgender people and they could easily be targeted and bullied. The bill has
a high risk of causing psychological problems with transgender people. These
are people with great problems with sexual identity. The transition is usually
a tough process. It takes a lot of time before an individual can fully develop
psychologically. Transgender people like other members of the LGBT community
suffer from discrimination because people consider them second-class citizens.
The bill is, therefore, going to increase psychological issue for the
transgender individuals which will cause more harm than good (Montgomery,
The great position by the state of
Texas is based on the economic implications the bill would have. The bill was
highly criticized by the gay community. It was then followed by corporate
America that consist of major corporations that are important for the Texas
economy. These corporations threatened to bail out their financial support for
the Texas government, and this means that the state would receive great losses.
Another implication is the high divisions between social conservatives and
moderate Republicans (Dart, 2017).
It is a bill that would cause a lot of
division. The Texas government also feared the rise of protests and economic
boycotts. These protests and boycotts would seriously damage the economy of the
state. The bill explores human rights issue associated with the right of
accessing restroom based on the gender one currently identifies. The proponents
of the bill wanted to isolate the transgender people from the LGBT, but the
society disagreed with it because of the risks the bill would have.
Conservative fear of the safety for their children because of access to
restrooms for people borne of a different sex (Signorile, 2017).
They believe that despite the sex
change and transition, the transgender individual poses great risks to
children. Currently, the issues of the bill have been felt. The oil prices have
gone down because of the protests and boycotts. Oil from Texas is dropping in
value, and this is translating to losses for the Texas government. There is
also a high risk of cancellations of athletic events, and concerts because of
the issue and Texas being one of the most populous states will suffer greatly
Risks to transgender individuals
The bill places transgender people in a
lot of danger. They are highly marginalized people because of their
differences. They are easily targeted and are very prone to bullying, violence
and hate crimes. Critics argue that transgender are more prone to gender as a result
of the bill as compared to cisgenders for whom the bill is trying to
protect. There has been a rise in crimes
that take place in restrooms. Research shows that since the development of the
legislation, there has been a rise in stigmatization and violence against
transgender people. The bill denies transgender people the right to choose the
restroom they identify with, and this is a factor that places them at a very
low place in the society (Giorgi, 2017).
There has also been no case identified
where a transgender person was found attacking or assaulting a cisgender
person. There is a high rate of transgender people being assaulted in restrooms
because of their gender identity. Most of which occurs verbally and some occur
through physical means. The bill has therefore created a very sensitive matter
in the American society which has divided the nation. Transgender people are much marginalized, and
this cases great risks to their wellbeing. They are denied equal rights to
choose the restrooms they wish to use. The bill is very discriminative because
it segregates people based on their gender identity making transgender people
highly susceptible to violence and oppression (Dart, 2017).
The Texas bill issue became a great
victory for its opponents after it failed to reach the House to receive a vote.
This came after high pressure from the LGBT community and businesses in Texas.
Many find the bill as a rise in ugliness and hate in the politics of the state.
The loss for the bill was a great embarrassment for transphobic and homophobic
people in the state and the rest of the nation. It was also a great setback for
religious conservatives who championed the bill based on religious perspectives.
Opponents were fighting for equal rights for the LGBT community for which the
transgender people are part of. The support is also growing at very fast rate
especially after the issue of the bill in Texas and several other states such
as North Carolina. The bill offered a
great opportunity for the LGBT community because it showed how the society was
in support of their rights and equality as Americans (Dart, 2017).
However, the fight is not over because the far
right extremists, social and religious conservatives are taking the time after
the collapse of the bill to consolidate their power, and efforts and establish
a different approach to pass the bill into law. The bill also brought forward
anti LGBT politicians who voiced their opinions and stands towards the issue.
The bigger picture is that more LGBT people are suffering from hate crimes and
violence. 2017 saw many people of the LGBT people killed and is a clear
indication of the rise of hate towards other members of the society. Despite
the great support from corporate society and other members of the LGBT
community transgender issues will continue because social and religious
conservatives are obsessed with the issue. However, the transgender individual
remains important and equal members of the society who have equal rights life,
cisgender individuals. The bill is, therefore, unreasonable and highly
unsustainable (Montgomery, 2017).
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