Transgender people face more harassment in bathrooms that match their sex assigned at birth: study

Transgender people are more likely to face harassment when using bathrooms that align with their sex at birth than in facilities that match their identities, a new study proves.

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Among transgender men who used women’s restrooms (based on their sex assigned at birth) in the past year, about 10 percent were denied access and nearly 11 percent experienced verbal harassment, according to a new report from the Williams Institute. About 5 percent of those who used men’s restrooms were denied access, and 7 percent faced harassment.

Among trans women who used men’s restrooms in the past year, 7 percent were denied access, and nearly 9 percent experienced verbal harassment. About 5 percent of those who used women’s restrooms were denied access, and 7 percent faced harassment.

“Current policy debates about transgender people’s access to restrooms are based on a narrative, asserted without evidence, that safety and privacy in women’s spaces are at risk,” said lead author Jody Herman, Senior Scholar of Public Policy at the Williams Institute. “However, research shows that transgender people are the ones who face harm from others in these spaces, including being denied access, verbal harassment, and physical assault. Moreover, they are at greater risk of harm when laws require them to use restrooms according to their assigned sex at birth.”

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There are currently seven states that ban trans people from using bathrooms in government-owned buildings and schools that align with their identity, according to the Movement Advancement Project, and an additional eight who ban trans people from using public school facilities that align with their identity. Two states, Florida and Utah, make it a criminal offense for trans people to use facilities that do not align with their sex assigned at birth.

In just his first two weeks back in office, Donald Trump signed executive orders denying the existence of transgender people, attempting to ban banning gender-affirming care for those under 19, banning trans athletes from teams and facilities that align with their identity, and revoking 1960s civil rights protections.

Trump, who was found liable for sexual assault, claimed that the orders were meant to protect women. However, a 2018 report by the Williams Institute using criminal report data in areas with and without laws protecting trans people’s ability to use facilities according to their gender identity found no evidence that privacy and safety changed when trans people's access was legally protected.

Meanwhile, several high-profile cases of trans students being assaulted in school restrooms occurred in the bathrooms that aligned with their sex at birth, including that of Nex Benedict, an Indigenous trans boy who took his life after being assaulted by a group of girls in the girl's bathroom, and Cobalt Sovereign, a trans girl whose jaw was broken by another student after using the boy's bathroom.

“Not going to the restroom when necessary can harm a person’s health,” said study author Andrew R. Flores, Distinguished Visiting Scholar at the Williams Institute. “A lack of safe restroom facilities can have negative impacts in a variety of areas, such as education, employment, and engagement in public life.”