By Terry Kogan – University of Utah
First published in 2016
For years, transgender rights activists have argued for their right to use the public restroom that aligns with their gender identity. In recent weeks, this campaign has come to a head.
In March, North Carolina enacted a law requiring that people be allowed to use only the public restroom that corresponds to the sex on their birth certificates. Meanwhile, the White House has taken an opposing position, directing that transgender students be allowed to use the bathroom that matches their gender identity. In response, on May 25, 11 states sued the Obama administration to block the federal government from enforcing the directive.
Some argue that one solution to this impasse is to convert all public restrooms to unisex use, thereby eliminating the need to even consider a patron’s sex. This might strike some as bizarre or drastic. Many assume that separating restrooms based on a person’s biological sex is the “natural” way to determine who should and should not be permitted to use these public spaces.
In fact, laws in the U.S. did not even address the issue of separating public restrooms by sex until the end of the 19th century, when Massachusetts became the first state to enact such a statute. By 1920, over 40 states had adopted similar legislation requiring that public restrooms be separated by sex.
So why did states in the U.S. begin passing such laws? Were legislators merely recognizing natural anatomical differences between men and women?
I’ve studied the history of the legal and cultural norms that require the separation of public bathrooms by sex, and it’s clear that there was nothing so benign about the enactment of these laws. Rather, these laws were rooted in the so-called “separate spheres ideology” of the early-19th century – the idea that, in order to protect the virtue of women, they needed to stay in the home to take care of the children and household chores.
In modern times, such a view of women’s proper place would be readily dismissed as sexist. By highlighting the sexist origin of laws mandating sex-separation of public restrooms, I hope to provide grounds for at least reconsidering their continued existence.
