Mere months after the United State Supreme Court’s decision to allow same sex marriage on a federal level, America is witnessing rapid growth in support of its transgender community. However, not all Americans are pleased with the expansion of transgender rights. The city of Houston is currently amidst a heated debate over whether or not transgender individuals should be permitted to use the public restrooms of gender to which they identify and as of this Tuesday, Houston voted by a large margin to reject the portion of the Ordinance that allowed transgender individuals to use the bathroom of their preference.Although controversy over transgender rights has touched most states in recent years, the passing of Houston Equal Rights Ordinance (HERO) in May catalyzed the city of Houston to directly address the issue. Under HERO, both public and private enterprises with the exclusion of religious institutions are prohibited from discriminating against individuals’ characteristics, including ethnicity, sex, sexual orientation, and gender identity. Any institution found to be violating HERO is subjected to fines as high as 5,000 US dollars.The inclusion of gender identity within the Ordinance sparked a dramatic division of Houston’s population, which eventually lead to its repeal. The debate divided Houston largely between its Mayor and its younger citizens who supported the Ordinance and the city’s middle aged and predominantly Christian population. Opponents to the Ordinance argue that it will create a legal mechanism through which men will label themselves as female and use female restrooms only to sexually assault women. An opposition coalition against the Ordinance called “Campaign for Houston” has released a video depicting a man entering the same stall as a little girl. The video's text reads, “Any man at any time could enter a woman’s bathroom simply claiming to be a woman that day.” Prominent individuals line both sides of the debate. Lance Berkman, a former Houston Astros player, has come out in opposition to the Ordinance. He fears sexual assault will be an inevitable consequence of the Ordinance, and men who claim to be woman should be immediately banned from using female bathrooms “rather than waiting for a crime to happen." On the other side of the argument, politicians ranging from Annise Parker, Houston’s mayor, current President Barack Obama , and Democratic presidential candidate Hillary Clinton , have all announced their support for the city’s ordinance. Although the repeal of the Ordinance only directly impacts Houston residents, the city holds significant responsibility in establishing a precedent for transgender rights across the United States, and I’m disappointed by the outcome of the recent vote. Whether or not to provide transgender individuals the right to use their preferred bathroom should not be left to the discretion of those who the Ordinance does not affect. Opponents of the Ordinance argue that Houston’s new policy places biological females using public restrooms in danger, but this position appears rooted more in scare tactics and prejudices than researched and rational concerns. Over 200 American cities across 17 states have established similar Ordinances, and so far no cases of sexual assault occurring in a restroom by a man claiming to be a woman have occurred. Perhaps the fear of transgender sexual predators results from an honest concern over increases in sexual assault, or perhaps it is a scare tactic employed simply to limit transgender rights. Either way, its logic is not backed by evidence of similar assaults occurring in other states, and is harmful to individuals’ freedom.It’s important for transgender individuals to have access to their preferred restrooms. Restroom choice is one the simplest identifier of an individual's’ gender identity, and instructing transgender individuals that they must use the restroom of the sex assigned to them at birth, is equivalent to completely disregarding their gender identity. As a society, it’s unfair to provide transgender individuals more comprehensive rights (changing of birth certificate, gender reassignment surgery) while still denying them the ability to express their gender in public. This includes using restrooms. In addition to severely limiting transgender recognition, the repeal of the Ordinance has signaled the long journey still ahead for the LGBTQ community in the eyes of the general public. While same sex marriage may be legalized, the Ordinance controversy revealed the underlying societal fear that to be transgender is associated with being a sexual predator. The outcome of the recent vote illustrates a serious need for improved education and understanding of the transgender community. Next time a controversy such as this arises in the United States, I hope the outcome will not reflect societal fear of those who are different, but rather recognition that we are all the same.

This article was written by Lizzy LeClaire. Please contact [email protected] to get in touch. Photo Credit: Glogger