Bathroom Bill: A turn towards regressive days

One step forward, two steps back. Simply put, that’s what the situation sums up when we compare the Obama administration and the Trump administration. Another Aspect where we see this turn up is the infamous House Bill 2, commonly known as the ‘Bathroom Bill.’

Former President Barack Obama had instructed public schools to allow transgender students to use facilities as per the gender the student identified with.

This was interpreted as prohibition of sex discrimination in educational institutions and was the next step to creating a more inclusive society for all the members of the LGBTQ+ Community.

However in 2017, With the coming of the Trump administration there wasn’t only a reconsideration in the decision, but a reversal in the position on the sensitive issue.

HOW IT BEGAN

It all began with letters from the Justice and Education departments that notified the Supreme court about the reversal of the decision. The letters covered how the previous administration had been influenced by emotions rather than carrying out an extensive legal analysis and also how the position was not consistent with the express language of Title IX, the clause under whose jurisdiction the decision was made by the Obama administration.

The case that bought this under study was the case of Gavin Grimm, a transgender teen who sued the Gloucester County, Virginia, school board. Gavin Grimm had been born female but decided to present himself as male. Yet he was denied the right to use the boys’ bathroom.

Grimm stated during the trial that “Matters like identity and self-consciousness are something that most kids grapple with in this age range. When you’re a transgender teenager, these things are often very potent. I feel humiliated and dysphoric every time I’m forced to use a separate facility.”

It was finally ruled that the claim made by the 15-year-old was valid and the state prohibits discrimination based on gender identity, transgender status, and nonconformity to stereotypes about sex.

The House Bill 2

Coming on the House Bill 2 also referred to as HB-2, Public Facilities Privacy & Security Act, and the Bathroom bill, this ostensible bill forced people to use public restrooms corresponding to their birth gender with a plethora of anti-LGBTQ components embedded within it.

The Bill firstly banned local statutes that protect LGBTQ+ people from discrimination based on gender identity.

Secondly, it prohibited transgender people from using the bathroom and locker rooms based on the gender they identified with in schools and government buildings.

What was this all based upon?

The absolutely unsubstantiated myth that the aftermath of allowing everyone to use facilities according to their sexual orientation will lead to men posing as trans to harass and assault women in women’s facilities.

While the bill did repeal the latter after there was an outburst of protests and many voiced their opinion, including the hearing and ruling of Gavin Grimm’s case, the deal did not fully repeal other parts of the Housing Bill 2.

It continued to disallow the local governments from passing nondiscrimination laws until December 1, 2020.

Further, the deal permanently prevents all government agencies from installing trans-friendly bathroom policies.

WHY THE BILL LACKS LOGIC

There are principles that prohibit discrimination based on sexual orientation under Title VII and Title IX and additionally under the equal protection clause. Furthermore, there is a lack of evidence that there are any safety concerns involved with trans students using facilities belonging to any gender and therefore even under the equal protection clause of the 14th amendment it is required that bathrooms be made available based on gender identity.

This bill and all relating policies are not only morally despicable but devoid of any sound legal justification and cannot withstand legal scrutiny. The Trump administration’s policies have driven people apart and created a divide between the students based on their preference of gender.

Students are the future of each country and it’s been constantly advocated that the youth is the change. It is therefore crucial that we not only teach our youth the importance of inclusivity but also constantly practice it.

Moreover, it is time we stop stigmatizing students on their sexual orientation and limiting genders. Courts have time and again ruled against these extremely discriminatory laws, and it is important we send the message that even the legal rights of the non-binary and transgender shall be respected.

The Trump administration blamed the Obama Administration for relying on ’emotions’ and ‘views’ expressed within them and expressed that they will completely consider the legal issues involved.

However, if the decision was reversed without any due evidence of danger, then weren’t they decisions made by a single, rising authoritarian dictating and controlling everyone under him to a decision he deemed appropriate based on personal homophobic opinions?

How was the decision by the Obama Administration any so not legally protected if we say that people have a right to express themselves freely and a right to be treated equally by the law despite their identity?

If they are not legally protected what does this reflect on our justice system and if they are protected under the Equal Protection clause how does this reflect on the failure of the Trump administration to give due respect to the basic fundamental rights of the non-binary and transgender students?

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