Cecily Zamora
The who behind gender-neutral bathroom laws is a complex question. In the United States, the issue of gender-neutral bathrooms, particularly regarding transgender individuals' access, has been a contentious topic. While there is federal protection under the Civil Rights Act of 1964 and the Equal Protection Clause of the 14th Amendment to use restrooms aligning with one's gender identity, states have the power to enact their own laws. This has resulted in a patchwork of legislation across the country, with some states and municipalities adopting inclusive policies, while others have introduced restrictive measures. Notable figures who have influenced these laws include Governor Jerry Brown of California, who signed the Equal Restroom Access Act in 2016, and Governor Phil Scott of Vermont, who signed a bill mandating gender-neutral single-user restrooms in 2018. More recently, in 2023, State Senator Josh Newman introduced SB 760, requiring California K-12 schools to provide gender-neutral bathrooms. On the opposing side, lawmakers in several states, including Alabama, Florida, Louisiana, and Mississippi, have passed laws restricting transgender students' bathroom access based on their sex assigned at birth. These laws have been subject to legal challenges and criticism from LGBTQ+ advocacy groups and citizens alike, highlighting the ongoing debate and evolution of gender-neutral bathroom laws in the United States.
| Characteristics | Values |
|---|---|
| Location | California, Colorado, Florida, Maine, New Mexico, New York, North Carolina, Pennsylvania, Philadelphia, Vermont, Wisconsin, and Washington, D.C. |
| Year | 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2023, 2024, 2025 |
| Type of law | State law, federal law, local law, bill, executive order |
| Scope | Schools, workplaces, restaurants, bars, government buildings, colleges, universities, jails, airports, public parks, single-occupancy restrooms, multiple-occupancy facilities, etc. |
| Impact | Transgender people, non-binary people, lesbian, gay, bisexual, and heterosexual people |
| Rationale | Prevent discrimination, improve safety, ensure comfort, uphold privacy, protect federal funding, etc. |
| Opposition | Myths, negative stereotypes, fear, misinformation, economic impact, etc. |
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What You'll Learn
The Civil Rights Act of 1964 and the Equal Protection Clause of the 14th Amendment
The Civil Rights Act of 1964 is a landmark federal civil rights and labour law in the United States that outlaws discrimination based on race, colour, religion, sex, and national origin. It prohibits unequal application of voter registration requirements, racial segregation in schools and public accommodations, and employment discrimination. The Act was proposed by President John F. Kennedy in June 1963, but it was only passed by the United States House of Representatives on February 10, 1964, and by the United States Senate on June 19, 1964, after President Kennedy was assassinated and President Lyndon B. Johnson pushed the bill forward.
The Fourteenth Amendment to the United States Constitution was passed by the Senate on June 8, 1866, and ratified on July 9, 1868. It granted citizenship and equal protection under the law to all persons "born or naturalized in the United States," including formerly enslaved people. The amendment also nationalized the Bill of Rights by making it binding on the states and authorized the federal government to enforce it.
The Civil Rights Act of 1964 and the Equal Protection Clause of the Fourteenth Amendment are both important pieces of legislation that protect individuals from discrimination and ensure their equal rights under the law. While the Civil Rights Act specifically prohibits discrimination based on race, colour, religion, sex, and national origin, the Equal Protection Clause of the Fourteenth Amendment guarantees that all citizens enjoy equal protection under the law, regardless of their race, gender, or other characteristics.
The Equal Protection Clause of the Fourteenth Amendment has been used to challenge discriminatory laws and policies, including those related to gender and transgender rights. For example, in 2015, a bill was proposed in Wisconsin that would have required public schoolchildren to use facilities that matched the sex they were assigned at birth, excluding transgender students. This bill was criticised as violating the federal government's Office for Civil Rights's 2014 statement that federal nondiscrimination law covered gender identity.
While the Civil Rights Act of 1964 and the Equal Protection Clause of the Fourteenth Amendment provide important protections against discrimination, it is important to note that they do not specifically address the issue of gender-neutral bathrooms. However, these laws have been interpreted and applied to protect the rights of individuals to use the bathroom that corresponds to their gender identity, and to challenge discriminatory bathroom bills that seek to restrict transgender individuals' access to restrooms that align with their gender identity.
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Trans-inclusive policies
In the United States, there is a patchwork of state laws regarding transgender bathroom access, with some states permitting transgender individuals to use bathrooms that match their gender identities, and others prohibiting it. As of June 2018, 19 jurisdictions (18 states plus Washington, D.C.) had adopted laws prohibiting discrimination against transgender individuals in public accommodations. However, 18 states have passed laws restricting the right to use public facilities, contributing to a climate of fear and judgment.
Some specific examples of trans-inclusive policies include:
- In 2016, Mayor Bill de Blasio signed an Executive Order requiring that all New York City municipalities make available single-sex facilities consistent with individuals' gender identities, without the need for identification or medical documentation.
- In 2016, Philadelphia's gender-neutral bathroom bill went into effect, requiring all local businesses with single-occupancy restrooms to update their signage to indicate a gender-neutral bathroom.
- In 2014, the Maine Supreme Court ruled in favor of a transgender student, finding that school officials had violated the state's anti-discrimination law by prohibiting him from using the bathroom that corresponded with his gender identity.
- In 2023, California State Senator Josh Newman introduced SB 760, which requires all K-12 schools to provide access to gender-neutral bathrooms during school hours.
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State laws and policies
In the United States, there is a mix of state laws and policies regarding the use of gender-neutral bathrooms, with some states enacting more inclusive policies while others have introduced restrictive legislation. Here is an overview of some notable state laws and policies:
California
California became the first state in the US to require all single-occupancy public toilets to be gender-neutral. The "Equal Restroom Access Act", authored by Assembly Member Phil Ting, was signed into law by Governor Jerry Brown in September 2016. This law applies to California schools, government buildings, businesses, and public toilets.
New York
In March 2016, Mayor Bill de Blasio signed an Executive Order requiring all New York City municipalities and public employees to provide access to single-sex facilities consistent with individuals' gender identities. No identification or medical documentation is required to verify one's gender. Additionally, New York City regulations require single-stall restrooms to have gender-neutral signage.
Philadelphia
Philadelphia has a gender-neutral bathroom bill that went into effect in January 2016. This law requires all local businesses with single-occupancy restrooms to update their signage to indicate gender-neutral bathrooms within 90 days, with fines for non-compliance. Philadelphia also has a separate law allowing transgender individuals to use the bathroom they feel most comfortable in.
New Mexico
In March 2019, New Mexico passed a bill to explicitly allow gender-neutral bathrooms, which was signed into law by the Governor and took effect on July 1, 2019.
Vermont
In May 2018, Vermont Governor Phil Scott signed a bill mandating that all single-user public restrooms be designated as gender-neutral.
Texas
While Texas has not passed any statewide bathroom bills, there have been attempts to introduce legislation. In 2018, two bills, SB6 and SB3, were proposed but did not make it to the House floor for a vote. SB6 aimed to restrict bathroom access based on birth certificates, while SB3 would have allowed individuals to use restrooms based on their state IDs.
Wisconsin
In November 2015, Wisconsin considered a bathroom bill initially requiring students to use facilities matching their assigned sex at birth. Following criticism, the bill was revised to permit gender-neutral bathrooms in public schools.
Other States
Several other states have introduced or passed laws regarding transgender bathroom access. Florida, Alabama, Utah, Louisiana, Mississippi, and North Dakota have implemented bans on transgender individuals using bathrooms that align with their gender identity in K-12 schools and some government-owned buildings. Meanwhile, states like Massachusetts, Maine, and New Hampshire have approved measures to protect the rights of transgender students to use bathrooms consistent with their gender identity.
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Public schools and gender-neutral bathrooms
The implementation of gender-neutral bathrooms in public schools is a complex issue that requires careful consideration of various factors, including privacy, safety, and inclusivity. While there is no federal law mandating gender-neutral bathrooms, several states have enacted their own legislation to promote inclusivity and protect the rights of transgender and gender non-conforming students.
In recent years, there has been a growing trend towards adopting more inclusive bathroom policies in public schools. This shift is driven by the recognition that traditional gender-segregated bathrooms may not adequately address the needs of transgender, gender non-conforming, and non-binary students. By providing gender-neutral bathrooms, schools can ensure that all students feel safe and comfortable while also promoting inclusivity and respecting gender identities.
Some states, such as California, Vermont, and New Mexico, have taken legislative steps to require gender-neutral bathrooms in public spaces, including schools. For example, California's AB 1732, also known as the "Equal Restroom Access Act," mandates that all single-occupancy public toilets, including in schools, be gender-neutral. Similarly, Vermont Governor Phil Scott signed legislation requiring all single-user public restrooms to be gender-neutral.
In other states, the decision to implement gender-neutral bathrooms in public schools is left to individual districts or schools. This allows for flexibility and the ability to tailor solutions to the specific needs and culture of each community. Some schools may opt for a hybrid approach, offering a mix of traditional gendered bathrooms and gender-neutral or all-inclusive toilet rooms. This can provide a sense of privacy and distance in decision-making for students who may feel uncomfortable using a bathroom that does not align with their gender identity.
The design of gender-neutral bathrooms in public schools is also crucial. These bathrooms should have two ways in and out, providing users with a sense of safety and preventing anyone from feeling trapped. Including windows can enhance this sense of openness and safety. Additionally, solid locks and privacy strips that cover the cracks between stalls can further ensure privacy.
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OSHA recommendations
The Occupational Safety and Health Administration (OSHA) has issued guidance to employers on best practices regarding restroom access for transgender workers. The core principle of these guidelines is that all employees, including transgender employees, should have access to restrooms that correspond to their gender identity.
OSHA's sanitation standard requires that employers provide employees with toilet facilities to protect them from adverse health effects when toilets are not available, such as urinary tract infections and bowel and bladder problems. Restricting employees to restrooms that are inconsistent with their gender identity or segregating them from other workers by requiring them to use gender-neutral or other specific restrooms can make them fear for their physical safety.
OSHA's recommendations include:
- Employers should not place unreasonable restrictions on employee use of toilet facilities.
- Employers should create their own written policies that comply with OSHA's standards.
- Employers must provide separate toilet facilities for men and women, but they can also offer additional restroom options, such as single-occupancy unisex restrooms or multiple-occupancy, gender-neutral facilities with lockable stalls.
- Employers must ensure sanitary restrooms are available to workers at all work locations, except for mobile crews or normally unattended work locations as long as workers can access a nearby restroom that meets OSHA standards.
- Employers should ensure prompt access to toilet facilities when needed, with an adequate number of restrooms to prevent long lines and at least a minimum number of toilet facilities based on the company's current number of employees.
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Frequently asked questions
Governor Jerry Brown signed the AB 1732 bill, also known as the "Equal Restroom Access Act", into law on September 29, 2016. The bill was authored by Assembly Member Phil Ting.
California was the first state in the US to require all single-occupancy public toilets to be gender-neutral. The law came into effect on March 1, 2017.
Vermont, New York, New Mexico, and Pennsylvania have all passed gender-neutral bathroom laws.
Gender-neutral bathrooms are single-occupancy units that can be used by anyone, regardless of gender. They are often installed in addition to men's and women's rooms and are recommended by OSHA.
Gender-neutral bathrooms are important because they allow non-binary people to use the restroom where they feel safest. They also help to reduce discrimination and harassment against transgender people, who are often targeted when using gendered bathrooms.
