Autistics Speaking Day

I want to say something. So here goes: FUCK.A bunch of text, including *(#! #W:# and similar text, to stylistically represent internet cuss word obfuscation

Seriously.

No, I’m not trying to make the blog unsafe for kids (that said, I’d love to meet the kid who hasn’t heard the word “fuck”).  But this is a huge part of what I want to say: we will say things people like.  And things they don’t.

We’ll cuss. We’ll insult people. We’ll talk dirty. We’ll lie. We’ll do all the things that the sanitized, nice, touchy-feely movies about escaping from autism or about how there are geniuses in the autistic population won’t say.

We say – if we’re allowed – these things even if we use speech devices. Too often, we’re silenced by being given devices that don’t speak these words. (hint to parents: if your child uses a speech device that uses a language system – not just spelling, but a word-based language system – and it doesn’t include some words you don’t ever want to hear said, the vocabulary is too small for your kid) Seriously, kids cuss. So should autistic kids. Just like neurotypical kids, we need to learn what is and isn’t appropriate in what context. Whether you like it or not, it is appropriate for two fifth graders to share lists of cuss words with each other. It’s not appropriate to do so in the hearing of an adult. That’s a pretty important social lesson to learn – that your communication needs to change based on audience. How do you learn that if you’re only options in language are always appropriate for the adults?

We say we’re horny. That we’re aroused. That we want to have sex. Maybe even that we want to fuck. Just like a neurotypical does. Sure, there are all types of sexualities among autistic people, including asexuality, but most of us aren’t asexual. So we want these things. And need to talk about it. Yes, there are more and less appropriate places. And, yes, we may or may not have our parents’ moral values. But we need the same rights that any other adult has – the ability to express our sexuality, including expressing it in ways that while legal may not be what our parents would like.

Too often, we live in group homes or institutions where the staff fears the complications that a sex life would bring into their own jobs. Or have religious views about what sex is or isn’t okay. That’s fine if we willingly agree to those rules and have real options and places to live that don’t include those rules. But most of the time, we don’t get that choice when placed into group homes or institutions – we have to take what we get, or run away. A neurotypical might choose to live in a monastery. An autistic shouldn’t be forced to. Yet, studies have shown that many – quite possibly most – group homes ban homosexual relationships while allowing limited (usually way too limited) heterosexual relationships. It’s another place where our desires don’t matter.

We also need to be able to say “NO.” As in, “No, I don’t want to go to work today.” Or “No, I don’t want to eat that slop.” Neurotypicals get to do this. Sure, there are consequences (although often we get away with some of this – how many people use a sick day when they aren’t sick?). Heck, sometimes a neurotypical might wake up in the morning and decide – for better or worse – that going to work sucks, that there is more in life than their job, and that they really don’t want to go to their job. Ever again. Yep, that causes unemployment sometimes, but it’s something many neurotypicals have done sometime in their life. They were allowed to. Sure, there are consequences. But they weren’t prevented from making the choice in the first place.

So I guess that’s my theme: if people want us to speak, you need to let us speak. Even when we say shit you don’t like. We’re not pets, we’re not puppets. We’re human. And that means you won’t like every moral choice we make. Just like I won’t like every moral choice you make. That’s life.

 

Why the Trans Stuff?

This could also be titled, “Can you explain what Joel has been up to the last year?”  Or “Why is Joel glad Autreat moved from Johnstown.”

Some readers of this blog may wonder why there is the trans-advocacy stuff here.  It mostly started in 2012 with an issue involving Autreat.

In 2012, as a member of the planning committee, I discovered, by accident, that our Autreat venue at the time (University of Pittsburgh @ Johnstown) was discriminatory against trans people (and, most likely, still is).  Essentially, they decided to prohibit many trans people from using the correct facilities for their gender identity and expression (I.E. a transman should be able to use the men’s room; that said, depending on where he is in his transition and with his expression at the time, he may choose to use the women’s room for safety purposes, which should also be respected as this is an issue of safety from assault, not preference or comfort).  The change was made in 2011, despite a pretty good official non-discrimination policy (that includes, ironically, gender identity).  It was proclaimed semi-officially – it didn’t go through the typical rule making process, nor was it put on paper, but it absolutely was enforced and echoed by official statements made by the University.  In fact, it was enforced against a student at Johnstown who arrested for using the “wrong” facilities and charged with indecent exposure.

This was significant to Autreat because research shows that autistics are highly represented in the trans community (for instance, 6% of people with gender identity disorder are autistic according to one study – much higher than one would expect if there was no relationship).

There’s all sorts of commentary on U Pitt’s decision online and in print – most of it revolving around whether or not different advocacy organizations and trans people responded “right” to the discrimination or whether or not the trans person who was arrested was right or wrong. Unfortunately most of this commentary doesn’t actually question the discrimination, and most seems to imply “just wait it out” is the right response when you personally face discrimination – but that’s the typical response to anything that disturbs the status quo from people not personally bothered by the status quo. However, the root of the problem is not any specific case, but rather official statements from the University administration about how trans people would be treated. For instance, a spokesperson quoted by Think Progress said,

As this [policy] applies to use of facilities, a female who identifies as a male, or a male who identifies as a female, may use restrooms or locker rooms of his or her declared gender identity after he or she has obtained a birth certificate designating the declared gender. This practice applies to student athletes as well.

Many trans people, for many reasons, do not have birth certificates that agree with their gender.  Depending on where you are born, you may be able to change your birth certificate simply by filling out a form (no documentation or surgery requirement), by providing evidence that you are undergoing treatment for Gender Identity Disorder, by proof of certain surgical procedures, or, in some cases (such as if you are born in Ohio), not at all.  Thus, this can place people in not only bad, but dangerous situations of being forced to use a facility that doesn’t match one’s gender expression.

As a result of this discrimination by the venue, I wrote a long document near the end of July addressed to others on the Autreat planning committee (see this PDF: The Right to Pee) about my concerns.  I sent it after Autreat 2012 (we couldn’t move Autreat when this was discovered immediately prior to Autreat 2012, so I held off on the formal presentation of my concerns until after Autreat 2012).  The document includes documentation about the decision by the University, responses to questions I predicted people would have about the policy, and samples of good policies (such as the guidance issued by the NCAA, a group that knows a lot about single-gender activities and facilities usage, particularly in the context of college campuses).  I’m publishing it here primarily so that people can get ideas for their own advocacy and also to understand the problem surrounding the University’s statements (which are too numerous to go into here).  I’m also publishing it because Johnstown, Pennsylvania continues to be a hot spot for discrimination against trans people, unfortunately – I suspect in part due to the University of Pittsburgh normalizing discrimination.

A few months after I wrote about U. Pitt’s discrimination to the committee, the University of Pittsburgh in Johnstown still had not made an offer that accommodated Autreat’s dates and other needs to host Autreat, so the gender identity discrimination issue became somewhat moot at that point (the end of November) and a venue search was then begun.  Unfortunately my document and/or it’s presentation to the committee was insufficient by themselves to persuade the committee to begin the search immediately (it did trigger the creation of an ad-hoc committee, which over a year later still hasn’t produced any recommendations and is probably moot now with the Autreat re-organization), so the search was started at the end of November rather than earlier.  That’s a common problem – it’s hard to convince people that discrimination exists, and it’s even harder for even good people to challenge the status quo in areas that don’t fit with their own personal experience.

It was obviously a relief that a different venue was chosen for Autreat 2013.  AFAIK, California University of Pennsylvania does not have any official policy (or interpretation) that would lend itself towards discrimination.  Nor do I know of any trans discrimination issues recently in California, PA.

The PDF document linked above (as “The Right to Pee”) still basically applies to the University of Pittsburgh (all campuses), with a couple of caveats due to changing circumstances.  First, trans students are now supposedly allowed to use bathrooms corresponding to their identity, on the basis of statements made on a “Student Life” page on the U Pitt website:

“The University has agreed, prior to the finding, to allow people to use the bathrooms with which they identify,” Frietsche said, citing a statement posted May 21 on the Pitt web site’s “single use restrooms on campus” page (www.studentaffairs.pitt.edu/lgbtqa/singleuserestrooms) that lists the locations of non-gender-specific restrooms on campus.

It states, in part: “The University trusts that members of the campus community and their guests will exercise sound judgment and discretion when accessing and using the restrooms.”

Frietsche, quoted above, is a lawyer for the Women’s Law Project, a group helping represent the campus LGBT group in a complaint against the school over the problematic policy (the above quote was from a University Times article).  However, it’s unclear whether or not “sound judgement and discretion” is the same thing as “allowed to use the bathroom that corresponds to your gender expression.”  The terse and strangely worded statement also leaves many questions unanswered – can a transwoman take a PE class offered to women?  Which locker room is she supposed to use?  Which dorm?  And since this new “policy” is listed only on a site that is specific to one campus, on a page that lists where single-occupancy bathrooms are located on the main Pittsburgh campus, does it apply to other campuses, like Johnstown?

The bathroom policy changed to the current “sound judgement and discretion” standard only in response to a legal complaint by the Pittsburgh campus LGBT group. The University seems to be losing in this (thus far, their motions to dismiss the complaint on have been denied, and the parties were ordered into the current phase). However, that complaint was made to the City of Pittsburgh (which has strong non-discrimination law), and it’s unclear how much influence the City of Pittsburgh would have on a campus located in, say, Johnstown, PA.  After all, unlike most places in the US northeast, there are no protections in Johnstown (or most Pennsylvania communities) for trans people – for instance, it is perfectly legal to refuse a trans person service in a restaurant simply because you don’t like their gender identity or you think it’s a sin and you don’t want to “enable sin.”

The complaint is currently in a reconciliation phase where the two parties are to try to come to an agreement that is mutually satisfying, according to the process for complaints made to Pittsburgh’s Human Relations Commission.  If the parties can’t agree (likely), it will go back to the City of Pittsburgh (and, likely, be appealed to state court by whichever side loses).

Other than this, the situation essentially remains as described in the document.  Trans people still don’t have real rights on the U Pitt campuses, with the possible exception of being allowed to use bathrooms (if the school agrees it was sound judgement) and even then possibly only in Pittsburgh.

So, back to why I care – a significant number of autistic people are trans, and it’s simply not possible to have an autistic event without considering the venue’s attitude towards trans people (or, put another way, whether they have simple respect for people). Learning about this also opened my eyes to how easy it is to unknowingly participate in furthering discrimination against trans people (Autreat certainly didn’t know Johnstown was discriminatory when we signed the contract to have Autreat there, and a lack of prior preparation through policy and procedure caused significant delays when trying to figure out what to do about it).  So it’s importance to be careful and do research, and for those of us who have learned about this to speak up when we see gender identity or expression discrimination.  It’s also important to think through these issues so you aren’t learning after there is a problem, but you learn and prepare ahead of time (that said, this shouldn’t be hard: people leaving others alone in the bathroom should also be left alone – duh – how hard is this to figure out?). As I researched this particular issue, it was pretty clear that trans people routinely face discrimination in all areas of their lives and that the fight for trans rights is – as Vice President Joe Biden phrased it – the civil rights issue of our times.  I’d like to be on the right side of history and to be able to tell the next generation, “I did my part.”

That’s why I care.

An Anniversary

Yesterday was my wife and I’s forth wedding anniversary. It’s been a wonderful time. We have one of many autistic marriages we know of – it’s clear we can form relationships just fine, thank you very much. I also think the basis of our marriage – honesty and communication – would help out a lot of other relationships among people who aren’t necessarily autistic.

I’m also thankful that in the USA, my federal government is recognizing same-sex marriages. That removes some of the taint of unequal treatment of others from my marriage, and thus makes my marriage more beautiful. Others are for the first time experiencing what straight couples have experienced for years – being treated like people.

Yet others still have trouble getting married – group homes deny people the ability to live together, people may live in states our countries that refuse to recognize gay marriage, or there may be any number of any reasons. My wife and I spent some time yesterday thinking of this.

We also spent some time thinking about the people who are single, either through choice or because they have not yet met their future spouse. There’s a ton of discrimination against single people – society assumes we should be married, even when we aren’t (and may or may not want to be). So we also remembered those people.

Our desire should be everyone’s desire: we want to see people happy (obviously without harming others). Whatever that ends up meaning.

DOMA…and what Changed

I’ve seen some bad reporting on the US Supreme Court DOMA and Prop 8 decisions. Here’s what I know.

First, nothing changes for 30 days (there’s a 30 day “waiting period” after Supreme Court decisions). In 30 days, the decisions go into effect.

The Prop 8 decision doesn’t affect anyone who is already married (sort of…as a person pointed out to me, it affects married gays or gays not wanting to get married in the same ways Brown v. Board of Education affected blacks who weren’t in school – so there certainly is a huge impact here, even if no new rights are granted to already-married and don’t-want-to-get-married people).

It does affect people in California. After the inevitable requests for stays and procedural arguments, gay people will most likely be able to get married in California. But it’s not quite done yet. Close, but not quite. The ruling that matters right now is Judge Walker’s ruling which has a stay right now that has to be lifted (it should be soon, but not until all the courts do whatever they need to do, which takes time).

The Prop 8 decision has no effect on someone who gets married or wants to get married outside of California. However, if you want to get married in California to a same-sex spouse, you’ll be able to do that soon.

The DOMA decision is more interesting. The Federal government has to now (after the 30 day wait, anyhow) treat married couples the same, gay or straight. This means things like married soldier housing, immigration decisions, federal conflict of interest laws, federal taxes, federal employee benefits, etc, all apply to same-sex married couples.

What doesn’t change is the other ugly part of DOMA. Today, the only marriage a state can decide not to recognize is a gay marriage. So if you were married in say Toronto or Iowa, both of which will marry a non-resident, and go back to your home state of Georgia, that state will treat you as unmarried. Thus, you have to file state tax returns as single people, your spouse might not be your next-of-kin if you die, your spouse won’t automatically inherit the house he shared with you (but you owned), etc. You’re still unrelated in Georgia, from the State’s eyes. Now it gets interesting because the Feds however will recognize your marriage, so you file joint Federal (but single person State) tax returns, can get Federal married employee benefits (if your spouse works for the Fed’s of course), etc. So it’s really a huge mess.

You wouldn’t have this problem if you got married to your first cousin in Georgia (legal there), but actually lived in West Virginia (where first cousin marriage is illegal). West Virginia is required by the constitution (full faith clause of the Constitution) to recognize that marriage. The only marriages they can choose to ignore are marriages that involve people other than “one man and one woman.” Clearly this is not right, and the part of DOMA that allows states to ignore gay marriages is not constitutional, but that hasn’t yet been decided by the courts. So in the meantime, Georgia will ignore gay marriages while West Virginia recognizes cousin marriages (that are performed out of state).

Coy Matthis – and Excuses to Exclude

I wanted to write a bit about a big local news story. But I also wanted to write about how different populations (in this case, trans people and autistic people) face too many of the same stigmas and excuses when we’re excluded.

As an autistic person, I’ve seen plenty of excuses to exclude. Of course we’re not the only group of people excluded from places and activities, as a long history of exclusion in the USA demonstrates. Today, one group that frequently loses their rights is transgender people. As autistic people, we should be concerned anytime anyone’s rights are infringed – we know what it is like.

Coy Matthis is a (now) second grader. She successfully brought a complaint against the Fountain-Ft. Carson School District (Fountain is a town directly south of Colorado Springs, home of Focus on the Family and several other right-leaning political-religious organizations). Her complaint was that the school district prohibited her, a transgender girl, from using the girl’s bathroom, and suggested (initially) that she used the boy’s bathroom, or, (later) a staff restroom.

Predictably, the Division of Civil Right’s decision (pdf) angered a lot of people, with predictable complaints, as it affirmed Coy’s right to use the girl’s bathroom. As you read through some of the complaints I’ve seen below, as I paraphrase them below, think about what other populations you’ve seen these complaints used against. This is one reason it’s important to ally ourselves with other communities – their struggle is remarkably similar to our struggle, so it’s useful to learn from each other. Of course Coy and others like her have plenty of different struggles than autistic people generally have, but there are some commonalities even where the specifics are different.

I don’t believe she’s really trans, her parents are using her

This argument comes down to “I don’t believe her.” How many times have we heard that about autistic people in the autism community? The minute an autistic speaks out against something someone is saying or doing to autistic people, we learn that we aren’t really autistic. Denial of our identity is a pretty basic way of trying to silence an opponent. And plenty of autistics are told that they are only pretending to be autistic.

But, that aside, I’ll make one suggestion: if you know a 6 year old boy (Coy was 6 at time of the bathroom ban), see if you can get him to wear girl’s clothes to school, tell people he’s a girl, and otherwise do “girl things.” I’ll be mightily impressed if you can do this. After all, society strongly encourages gender stereotype conformity.

How can a 6 year old know she’s trans?

Likewise, we’re (autistics) are too often dismissed when we relate our experiences interacting with the world. “How can you be bothered by a fluorescent light?” It’s basically, “My experience was nothing like yours. I never went through being trans at 6, so I can’t see how that’s possible. I never was bothered to the point of pain by a fluorescent light, so you’re making it up.”

The answer to this question turns out to be pretty easy. From a recent American Academy of Pediatrics (not to be confused with the American Academy of Pediatricians!) policy technical report (pdf) on treating LGBT children:

Awareness of gender identity happens very early in life. Between ages 1 and 2 years, children become conscious of physical differences between the 2 sexes. By age 3, children can identify themselves as a boy or a girl, and, by age 4, gender identity is stable. In middle childhood, gender identification continues to become more firmly established, reflected in children’s interests in playing more exclusively with youngsters of their own gender and also in their interest in acting like, looking like, and having things like their same-sex peers.

Clearly, children know they are boys or girls at a young age. When that knowledge is significantly different than the apparent sex of the body, to the point where the person can’t accept living according to the stereotypes of their body, it’s a serious – potentially life threatening – problem (it can create such unhappiness that people feel suicide is their only way of dealing with this). The solution to this problem is to live as you are, not as people might want you to be. This, in Coy’s case, was confirmed medically through her doctors and therapists. I imagine the “Is she really?” question crossed these experts’ minds. I also imagine they investigated that and got a good answer. Probably a better one than someone without knowledge about gender identity can come up with, particularly without knowing Coy!

Finally, again, ask a random six year old if he’s a boy or girl. Hopefully you’re not surprised that the child provides an answer quickly (well, unless the child may be questioning, in which case it’s very healthy). Children generally know what they are. Really!

Boys have Penises, Girls have Vaginas

We have expectations about “obvious” things. Lots of people have expectations about autistic people – “They don’t talk” or “they couldn’t live without 24×7 help” are two obvious ones (I’ll note that the 24×7 help isn’t something people get even in institutions, but that’s not the point of today’s post, so I’ll move on). It’s another way to say, “NO, you aren’t. You’re what I think you are.”

I’m not sure where Arnold’s kindergartener learned about penises and vaginas, but as the decision by the Division of Civil Rights states, it’s a bit more complex than that. The decision cites the presence of intersexed people as examples of people that don’t conform to the overly simplistic “boys have penises, girls have vaginas.” Enforcing some sort of uniform standard is yet another way of dismissing someone’s identity. “You’re what I think you are. I know better than you. Or your parents. Or your doctors. Or the State of Colorado. Or the US Department of State” (all of the above recognize Coy as a girl). I’m going to pick the sex trait *I* think is important to determine your gender (note that gender and sex are different – I’ll mention that later).

It’s a way of saying, “There can’t possibly be any girl who has a penis, because, well, I say so, that’s how I’m defining girl. No penis.” (Ironically these same people probably would pick a different trait if Coy was ever to have genital reassignment surgery – part of the proof that they aren’t really concerned about genitals nearly as much as making sure they voice their disagreement with the person’s identity) That simplistic, genital-based thinking not aligned with most current research or thinking on gender. Just as someone can believe man-made pollution has no or extremely little impact on climate, you can believe whatever you want about gender. But that doesn’t make you right. With the vast degree of diversity in the human condition, it’s pretty hard to say anything with absolutes, particularly with something as complex as gender. We might all like absolutes (penis = boy, XY = boy, or whatever else), but absolutes just don’t fit the realities of humans. We’re complicated. And trying to make it simple might make you seem smart to yourself, but really exposes your ignorance.

Ah, we’re not discriminating on the basis of gender, we’re discriminating on the basis of sex

Again, autistic people see this type of hair-splitting. We’re told, “We’re not refusing to hire autistic people, we’re refusing to hire people with (insert some autistic trait).”

Likewise, trans people face this as a result of sloppy language used by politicians, lawyers, and the general public.

Quick, if you’re asked if you’re “male or female”, should that question be entitled “sex?” or “gender?” If you said gender, you’re wrong. Gender is identity and/or expression (depending on context). Man, woman, girl, boy are words to describe gender. It’s how you interact with society, which generally doesn’t involve genitals or chromosomes (I don’t ask someone for a genetic test before calling her “Ms” or ask someone to drop their pants before I call them “Sir”). Sex, on the other hand, is biological (and complex!). It’s the combination of traits, such as brain structure, gonads, genitals, secondary sex traits (height, bone structure, muscle structure, fat distribution, breasts, baldness, voice pitch, etc), hormones, and chromosomes – any one of which can point towards a different sex than the others (hence why it is complicated!). So, if you’re interested in a person medically, you may want to know their sex, but if you’re interested in whether you call the person “sir” or “ma’am,” you’re interested in gender (and then you should ask “man or woman” generally, not “male or female”, or better yet, allow the person to fill in the blank in case they don’t identify either way).

Unfortunately for Coy, Colorado, in addition to making transgender a sexual orientation (huh? Trans people are straight, gay, bi, and otherwise – it’s like making transgender a skin color, it makes no sense), confuses sex and gender throughout its laws, to the point where the Civil Rights Division concluded they are synonyms and the meaning has to be discerned through context. Both parties (the school district and Coy’s lawyers) agreed that sex and gender are distinct. But of course our laws are muddy, because legislatures are not quite so clear. Other examples are the Colorado “Change of Sex” form which is used to record a change on Colorado ID cards and driver’s licenses. The State form titled “Change of Sex” doesn’t, outside of the title, ask about the person’s sex. It asks for the person’s gender! Or, the famous, “One man, one woman” standard for marriage. They don’t really mean man or woman (gender), they mean one male, one female (sex). Courts have all agreed that they mean sex, even when they said man and woman (and didn’t define what makes someone a man or a woman) – it was a ban on same-sex, not same-gender marriage.

This is unfortunate because you have statements in law that allow creation of some single-sex (or single-gender, depending on the regulation or law – both terms are used) facilities. For instance, having a “men’s bathroom” is not illegal in Colorado, but the legislature absolutely intended to make it illegal to prohibit trans men from using it (even female men). So, is it sex or gender discrimination to ban a man from the men’s room, when single-sex (or is it single-gender) facilities are allowed?

It turns out that the saving grace for trans people is that the law is otherwise clear – the law was clearly intended to allow trans people to use a bathroom that matches their identity. But there’s going to be a lot of pointless debate in the future due to imprecise language. While advocates might agree that women need to be treated like women on paperwork and in laws, we probably should ensure we don’t muddy the waters by letting laws pass using the word “sex” when “gender” is meant, or vise-versa. The argument could have been avoided with precise language.

The needs of the many outweigh the needs of the few…

Okay, it makes for a good movie. But it makes garbage public policy. This argument was essentially the argument used in every single case of widespread discrimination in the USA. Why were Americans that had Japanese ancestry locked away in interment camps? Because trampling on their rights was seen as an acceptable price to pay for the illusion of security it gave the majority of citizens. It’s today used against autistic people to argue for segregation in school or institutionalization.

This argument used towards trans people implies that use of a bathroom by a trans person (or whatever other right they might have) is somehow interfering with the rights to another. There’s this idea that just being in a bathroom or other place with someone with different genitals is somehow hurting the other person – that it’s an infringement on rights. This is probably only true if you value a “right to discriminate”, which sadly some do value. The only right violated is your right to violate someone else’s right.

Now, I don’t know about you, but I would hope the school would do something about two male boys showing each other their penises in the boy’s room rather than using the room for it’s intended purpose. You go in there to do your business. And by all accounts, that’s exactly what Coy did – her business and nothing more. Now if someone was showing their genitals, you deal with that. It is inappropriate behavior to do that in public restrooms, but it’s equally inappropriate if it is two boys (with penises) doing it. Or two female girls.

And there is a solution for the person who really does feel uncomfortable (no students reported feeling uncomfortable with Coy, it should be noted; it was a couple of school administrators that felt uncomfortable with the idea of Coy using the girl’s room). You let them use a more private facility. Problem solved – now both kids can pee in peace.

She can use the boy’s room…or the staff bathroom, so she can pee

Again, this is used in other areas of discrimination. With autistic people, we’re told that there are other places we can, other activities we can sign up for, etc. We can be somewhere else, just not here. So it’s all cool, right? Of course not.

There’s more to bathrooms than just peeing. While it’s not a place to wave your genitals around in front of others, it has a social component – actually several of them. People do socialize in bathrooms (particularly, from what I hear, women). And, more importantly, bathrooms have a gender confirmation purpose. Some people are violently attacked simply for not following society’s expectations for their presumed sex. Sometimes someone will watch someone use the bathroom, just to determine, “Is that person a man or a woman?” The door they use tells them. If they use a third door, or a door not in conformance with their expression, that confirms, “This person really isn’t a woman, ‘he’ is a man” rather than, “Oh, this person might just be a tall woman.” Someone that already drew a conclusion may not be swayed by this, but for people that were unsure, this can confirm or exclude that a person is dressing and acting appropriately. Equally bad, if people thought the person was a woman, and had no doubt about her being a woman, but she uses the men’s room (or a third bathroom), now she’s obviously and visibly different – and very likely the conclusion will be, “She’s not a real woman.” That’s a risk to her. (it can work the same way for trans men) It’s a risk she should evaluate, not someone else.

Finally, asking any student to do something different just because of who they are (rather than a choice they make), such as using a third bathroom, will say to other students, “This person is different.” Now, difference isn’t bad in itself, but too often that message is communicated too. In this case, the message is, “This person isn’t a real girl.” That contradicts the message the school was properly trying to send when it used feminine pronouns and otherwise treated the girl as a girl.

I don’t think I could ever understand what it is like for someone who has went through pain of being trans, and having a body that didn’t match their being. But I imagine it’s incredibly humiliating and triggering to be told, “No, I think you’re really something else.” A life of people not accepting who you are probably becomes very painful to many. It implies that the trans person is a liar, cheat, fake, evil, sinner, and whatever else. Imagine the pain that it must feel like to have people constantly remind you that they don’t see who you are. Imagine that someone has chosen to live who they really are, not the lie that was killing them, only to be told they are wrong for choosing life over death.

What about safety?

Again, this happens for autistic people. People have stereotypes about what is safe and what isn’t. Someone screaming in a meltdown is “unsafe”, whether or not they intend to do violence. As is someone saying things that an autistic person might to an authority, like, “What you’re doing isn’t safe, it could get you hurt if someone didn’t like what you were doing” (something an autistic person I know did to someone without authority or training who was trying to enforce zoning codes). It feels like a threat, either the meltdown or the concern about a person’s safety. So it must be. Even when it’s not.

Likewise, discussion about bathrooms always comes around to safety. There is an idea that a rapist or molester would never rape or molest someone with the same body parts as themself, and would never enter a place where he or she shouldn’t be – but once you let them in, they’ll now rape or molest. This is problematic for a bunch of reasons, such as assuming that people who have the “wrong” parts would only be in some places to cause problems. But it’s also wrong – we still have extremely strong laws to protect people against rape and molestation. They aren’t always applied or used, but the laws themselves are generally pretty strong and carry severe penalties. If that’s not going to keep someone from doing wrong, no sign on the door will.

Even more significant, however, is who’s safety is seen as important to protect. The idea is that this hypothetical wrong-bathroom-rapist (I know of no case where this has actually happened – where someone raped someone after entering a bathroom and claimed he or she had the right to be in a bathroom because he or she was trans) is a bigger concern than the safety of trans people (who are raped, molested, beat, and killed for using the “wrong” bathroom). The concern wasn’t about making Coy comfortable and safe (part of that is showing that she’s normal and a real girl, not a fake or liar in need of correction). It wasn’t empowering (by letting Coy and her parents make decisions about what is safest for her). No, it was treating people like Coy as the threat – if she uses the bathroom, then people are unsafe because hypothetically someone else might. So the threat needed to be removed.

Likewise, forcing Coy to use a different bathroom doesn’t make her safe either. While a private bathroom may be more safe than a shared bathroom, it can also be less safe. It’s more safe when it’s a non-stigmatizing option that everyone might (and do) use, but it’s less safe when it serves to “out” someone or communicate she isn’t a “real” girl.

If you’re really worried about everyone’s safety, then worry about it (start by giving people privacy in anyplace where they may be partially or fully undressed, privacy even from people with the same sex parts). It means also worrying about rapists that have the same genitals as their victims. Otherwise, it’s just an excuse.

Other Excuses

I’m sure there are other excuses. All of the above were excuses I recall hearing, either in the formal determination by the Civil Rights division, or by commentators about this. The reality is that none of them get to the root of the problem: they are justifications, not the real problem. The real problem is dislike for how someone else lives their life. The excuses are simply attempts to justify bad behavior on the part of the person making them.