Liberal in the Streets, Conservative in the Sheets

The United States protects the rights of all its citizens, correct? Apparently not those who

are a part of the queer community. This does not come as a shock to most, given how long the

LGBTQ+ community has been shunned from society, but even in this period of newfound

acceptance for those who are not straight and/or cisgendered, you would be surprised how far

behind even the most liberal of states are on legislation. As a lesbian in the queer community, I

am especially sensitive to topics concerning anyone in the community, especially since I have

many different friends who identify all over the spectrum. New York was always the place I

went when I wanted to feel like I was accepted, when I was not welcome at home. This state

hosts one of the largest PRIDE parade events yearly, but also has the same discriminatory

bathroom law going through the senate as Texas, a state known to have some of the highest hate

crime rates in the country.1 Where there is so much love and support for the LGBTQ+

community throughout the state of New York and usual support for queer people all over this

extremely liberal state, the Assembly Bill A5422 has been put through to the committee

assembly hearing. Instead of supporting such a regressive bill, we should put through the Gender

Expression Non-Discrimination Act (GENDA), which has surprisingly failed to get passed for

the eighth time since 2003.

Rejecting this bathroom law in New York is crucial not only as a form of civil rights, but

also a matter of economic and genetic equality in practice. The bill going through the Senate

right this very moment is the Assembly Bill A5422, which states that students will be required to

use restrooms that correspond with their biological sex. This bill, “defines biological sex as the

physical condition of being male or female as assigned at birth and indicated on a person’s birth

certificate,”2 but there are many ways in which you gender, your personal identification, would
be different from your sex3; this can be referred to as transgender, while when your sex and

gender align, this term is referred to as cisgender. There are many ways this bill could pose a

problem, but the most common would be for transgender individuals who have transitioned to

the other binary gender, male to female (MTF) or female to male (FTM), who sometimes

transition with medical help; these are the two parts of the identity I will be referring to when

stating the term “transgender” throughout the paper. This is an important distinction, because

you can still identify as transgender if you do not transition, and/or if you do not identify as a

binary gender.

This bathroom bill will hurt transgender students if passed, because body dysphoria is a

real issue in the community. Many of my transgender friends say their experience before

transitioning is like being born in the wrong body, and this can be easily perpetuated when

forced to use the bathroom of the sex they were born with.4 “Trans people experience this sense

of distress when they contemplate the difference between the reality of their body, and the way

they believe their body should be in order to align with their sense of self,”5 so taking this sense

of euphoria or confidence away from them through legislation is dehumanizing. This is even

more harmful for this specific bill targeting students that might not have the privilege of

transitioning to present more as cisgender, or as some call passing.6 People complain about

having “men” in the women’s bathrooms, but then make it difficult for people to transition.

Many places, medical insurance does not cover sexual reassignment surgery (SRS), because it is

not seen as a necessity. This makes it extremely difficult for transgender individual to feel more

like themselves in their own skin when they can not afford to transition on their own. Many see

transitioning as a privilege because of how much money you have to put into it, and people even

thought it was hard for Caitlyn Jenner to transition. As a celebrity figure, more focus was put on
her through her transition, but she also had the money to do so without putting a dent in her

wallet. She also did not have to rely on her parents for support in funds or permission — many

students do not have this luxury. I did not even have my own bank account until college, and

even now I have a joint account with my father, so he would have to authorize a large payment.

There is starting to be more laws and regulations when it comes to SRS, especially in more

liberal states, but there is still a far way to go for equal access and equal rights. In New York

specifically only just started to put laws in place to help cover the SRS surgeries done in state,

with Governor Andrew Cuomo leading the fight for transgender rights.7 Cuomo is very vocal

about his intentions to help the transgender community through reform in legislation, since there

are many regulations in the way of his final goal of equality. He has helped to pass legislation

that allows a doctor’s note to give permission for insurance to cover SRS, but even that is

difficult, especially when the patient is under the age of 18.8

There is even the issue of how you are legally allowed to change the sex of your birth

certificate. Even though New York allows you to change the sex of your birth certificate without
SRS, the process for doing so still has regulations, like age and money. You would think

obtaining a new birth certificate in order to change your sex would help new problems to arise in

its wake, like passport and license, but those are relatively easily changed with the right

paperwork and a small fee. This does not even impact your Social Security Number, and does

not disrupt your Social Security Benefits in the slightest.9 On even a small dysphoric problem

scale, it is difficult to change your name in the school system, while it is a simple mail-in process

to change it for your Social Security information.10 Granted, there are many obstacles that get in

the way of transitioning for transgender individuals, and this bathroom law only adds to the list.

Assembly Bill A5422 does not even account for those individuals who have a genetic

makeup that is not strictly “male” or “female.” Intersex is a term used to describe, “a range of

variations to sex characteristics—such as chromosomes, genitalia, and hormones—that occur

naturally. Some intersex traits become apparent at birth or during puberty, while others can only

be determined through genetic testing.”11 Statistics show that at least 1.7% of people are born

with any variation, while about 1 in 1500 babies are born with physical variations, in genitalia

especially.12,13 What do you tell those students whose sex is not clear? This is an issue in itself,

because up until 2013 to try and fix this “deviance” from the traditional binary genders, doctors

would perform surgery on newborn infants to remove their physical variations.14 My intersex

friends informed me that this was because the surgeries many times led to PTSD and other

mental illnesses where consent was not given by the child, so they grew up knowing something

was wrong, but were not informed on their intersex status and never had support from the

LGBTQ+ community or their loved ones. They were trying to mentally deal with an issue they

never had, and now that more and more individuals are being informed, it is not easy to fit them
in the category of male or female when it comes to bathrooms at school. Gender inclusive

bathrooms are the best option for people that are both transgender and intersex, not forcing

individuals to use the bathroom of a gender they do not identify with.

Opposition to something can not just be because someone is uncomfortable with

something. Just because a couple kissing in public makes you uncomfortable does not mean you

have the right to outlaw public displays of affection. This same logic applies to bathrooms; just

because being in the bathroom at the same time as someone who is transgender makes someone

uncomfortable, that does not give them the right to make it illegal. Some of my transgender

friends, even at such a young age and without the help of SRS, are very passing in their

appearance, and many do not know they are trans. Their main goal is not to try to make other

people uncomfortable- they are just trying to fit in most of the time. Transgender individuals do

not normally stick out like a sore thumb, and can not be picked out easily as such, so this

argument is absurd in nature. Are you in the same stall as another person? How many times have

you actually looked at other people when in the restroom? Chances are, you normally do not

look at or interact with others in the bathroom. The only other concrete argument that I have

heard and/or researched is the fear that people will use this to their advantage in order to use a

restroom to rape others, especially children. While warranted concern for safety is never a bad

reasoning for certain laws, associating transgender individuals with rapists criminalizes their

gender identity. “There have been no instances of a transgender person abusing the law and using

a segregated bathroom or locker room to harass or perform illegal acts,” and in addition to that,

Laverne Cox wrote an article stating how even the police department in New York has never

heard of such an occurrence happening.15 Laverne Cox is a transgender (MTF) woman of color
who is always advocating for transgender rights and body positivity. She is one of the people

also advocating for the GENDA in New York, the place where she did her final years of college.

Laws are the best way to protect minorities, and the GENDA has been introduced in

legislative sessions in New York almost every year since it was first proposed in 2003. Even

though New York had anti-discrimination laws in place for sexual orientation and gender

identity in employment and housing, there is only laws against hate crimes when it comes to

sexual orientation. This means that violence against someone based on gender identity is not

against the law in New York, since these laws are put through in a state to state basis, the

GENDA is trying to change that. Transgender people, especially transgender women of color,

are targets of violence all across the country. In 2017, there were 28 deaths of transgender people

in the US, the highest recorded in one year, and it has only been a few months into 2018 and

already at least eight transgender individuals have been killed as a result of clear anti-transgender
bias.16 One of these hate crimes actually occurred in New York this year; Tonya Harvey was a

transgender woman of color who was fatally shot in Buffalo at the age of 35.17 How can killing

someone because of who they are not be considered a hate crime? Even the FBI, “recorded an

overall increase in hate crimes in 2016, including a rise in bias-motivated violence based on

gender identity and sexual orientation,”18 following the 2016 election, and there is still nothing

being done with all the deaths that have occurred. But not only is there violence being targeted

towards those whose gender identities are not binary (male or female), it is hurting the queer

community’s mental health as well. For fear of not being accepted, through fear of bullying, and

through fear of violence, these are the main reasons people stay in the closet (do not tell others

about their orientation/identity). Not only does, “each episode of LGBT victimization, such as

physical or verbal harassment or abuse, increases the likelihood of self-harming behavior by 2.5

times on average,” but overall LGB youth are about five times as likely to have attempted

suicide than heterosexual youth, making it the second leading cause of death in people age 10-

24.20,21 What people do not understand is being in the queer community puts added stressors on a

person, no matter how accepting their family is, and can even lead to higher rates of anxiety and

depression in the community no matter what age. Self-harm and self-hatred is hard enough to

deal with, but having violence against minorities is illegal, right?

Many say that violence against minorities is illegal in all cases, but how I connect

conversion therapy to the GENDA is that conversion therapy for sexual orientation and gender

identity should be considered a hate crime. The dictionary definition of “hate crime” is, “a crime

motivated by racial, sexual, or other prejudice, typically one involving violence,” so why is

conversion therapy an exception? In most of New York, and many states across the country,

conversion therapy is legal to perform on minors, and often includes the use of drugs, mental
abuse, and even violence, based on someone’s sexual orientation or gender identity. Only Erie

County and New York City have banned conversion therapy while the rest of New York has no

regulations.22,23 I have a friend that went through conversion therapy when they were 16 years

old because of their sexual orientation, and they were never the same afterwards. They have went

through so much trauma that they still can not talk about it to this day, and people are still blind

to this issue. This country voted for a presidential administration, Mike Pence specifically, who

is in favor of conversion therapy. In favor of hurting our youth. In favor of putting a child

through such misery that they would rather kill themselves than be who they truly are. Having a

friend think this way is one of the most heartbreaking things I did not even have to go through.

With only sheer empathy for them because of the discrimination, hatred, and violence I have

faced for being a queer person only lets me see part of their trauma. Hate is raging on, but

awareness might just save us from hurting more people.

Many people do not know there is a detestable bill going through the Senate, just like

they do not know they are not being protected from gender identity biased hate crimes. The

cause of this can be pointed out through many different places, but education on the issue itself

and why the bill is a necessity would bring the most awareness and support. Establishing the

GENDA and failing Assembly Bill A5422 are two ways that we can help more fully protect the

LGBTQ+ community. Doesn’t everyone deserve full protection under the law?
Works Cited:

1. “‘Bathroom Bill’ Legislative Tracking.” National Conference of State Legislation , 2017,

www.ncsl.org/research/education/-bathroom-bill-legislative-tracking635951130.aspx.

2. “NY State Assembly Bill A5422.” NY State Senate, 4 Jan. 2018,

www.nysenate.gov/legislation/bills/2017/A5422#no.

3. “Transgender.” Merriam-Webster, Merriam-Webster, www.merriam-

webster.com/dictionary/transgender.

4. “Gender Dysphoria in Children: Understanding the Science and Medicine.” The Heritage

Foundation, www.heritage.org/gender/event/gender-dysphoria-children-understanding-

the-science-and-medicine.

5. “Dysphoria and Dysmorphia: Understanding Identity and Mental Illness.”

Www.AustenHartke.com, 20 May 2015, austenhartke.com/blog-

1/2015/5/19/o08szlrrhc8jaasya9s285qenydpy6.

6. “LGBTQ+ Definitions.” Trans Student Educational Resources |,

www.transstudent.org/definitions.

7. CBSNewYork. “New York Finalizes Ban On Transgender Discrimination.” CBS New

York, CBS New York, 20 Jan. 2016, newyork.cbslocal.com/2016/01/20/ny-transgender-

discrimination/.

8. Hartocollis, Anemona. “Insurers in New York Must Cover Gender Reassignment

Surgery, Cuomo Says.” The New York Times, 10 Dec. 2014,

www.nytimes.com/2014/12/11/nyregion/in-new-york-insurance-must-cover-sex-changes-

cuomo-says.html?_r=0.
9. “Social Security.” National Center for Transgender Equality, transequality.org/know-

your-rights/social-security.

10. Ibid

11. “Why Intersex Rights Are Human Rights.” Open Society Foundations,

www.opensocietyfoundations.org/explainers/what-are-intersex-rights.

12. Ibid

13. “Answers to Your Questions About Individuals With Intersex Conditions.” American

Psychological Association, 2006 https://www.apa.org/topics/lgbt/intersex.pdf.

14. Méndez, Juan E. “Report of the Special Rapporteur on Torture and Other Cruel, Inhuman

or Degrading Treatment or Punishment.” United Nations General Assembly, 1 Feb. 2013

http://www.ohchr.org/Documents/HRBodies/HRCouncil/RegularSession/Session22/A.H

RC.22.53_English.pdf.

15. Cox, Laverne. “Transgender Freedom Riders: The Fight For Transgender Equality In

New York State.” The Huffington Post, TheHuffingtonPost.com, 7 Dec. 2017,

www.huffingtonpost.com/laverne-cox/transgender-freedom-riders-the-fight-for-

transgender-equality-in-new-york-state_b_3129833.html.

16. Human Rights Campaign. “Violence Against the Transgender Community in 2018.”

Human Rights Campaign, www.hrc.org/resources/violence-against-the-transgender-

community-in-2018.

17. Human Rights Campaign. “HRC Mourns Tonya Harvey, a Transgender Woman

Murdered in New York.” Human Rights Campaign, www.hrc.org/blog/hrc-mourns-

tonya-harvey-a-transgender-woman-murdered-in-new-york.
 18. Human Rights Campaign. “Alarming Report on Rising Violence Against the Trans

Community.” Human Rights Campaign, www.hrc.org/blog/hrc-trans-people-of-color-

coalition-release-report-on-violence-against-the.

19. IMPACT. (2010). Mental health disorders, psychological distress, and suicidality in a

diverse sample of lesbian, gay, bisexual, and transgender youths. American Journal of

Public Health. 100(12), 2426-32.

20. CDC. (2016). Sexual Identity, Sex of Sexual Contacts, and Health-Risk Behaviors Among

Students in Grades 9-12: Youth Risk Behavior Surveillance. Atlanta, GA: U.S.

Department of Health and Human Services.

21. CDC, NCIPC. Web-based Injury Statistics Query and Reporting System (WISQARS)

[online]. (2010) {2013 Aug. 1}. Available from:www.cdc.gov/ncipc/wisqars.

22. Burke, Patrick B. “Erie County Conversion Therapy Ban.” County of Erie, 8 May 2017

http://www2.erie.gov/legislature/sites/www2.erie.gov.legislature/files/uploads/Session_F

olders/2017/Session_9/17LLIntro5-2.PDF.

23. Granicus, Inc. The New York City Council - File #: Int 1650-2017,

legistar.council.nyc.gov/LegislationDetail.aspx?ID=3080991&GUID=959D1885-B55F-

46CE-B422-7FC094A1E3EF&Options=&Search=.

Photos:

Wynternight. “Statistics Show Exactly How Many Times Trans People Have Attacked You in

Bathrooms.” Susan's Place Transgender Resources, 7 Aug. 2015,

www.susans.org/2015/08/07/statistics-show-exactly-many-times-trans-people-attacked-

bathrooms/.
Human Rights Campaign. “Growing Up LGBT in America: View and Share Statistics.” Human

Rights Campaign, www.hrc.org/youth-report/view-and-share-statistics.