In a recent resolution, the Republican National Committee (RNC) called on the Department of Education “to rescind its interpretation of Title IX that wrongly includes facility use issues by transgender students.” The RNC further claims that the gender assigned at birth is one’s only “true” gender, thus implying that trans people do not exist. The Committee believes that the Obama administration’s attempt to protect the rights of trans students by providing them with equal access to bathrooms is an example of “governmental overreach.” Their claim is that the current interpretation of Title IX is a violation of the privacy to those using the bathroom that is “correct” for “members of that sex.” Through a postmodern feminist theoretical lens, it becomes clear that the RNC’s interpretation of these bathroom bills is incredibly harmful to trans people and demonstrates clear discrimination towards bodies that do not fit societal norms.
It is incredibly disheartening to know that the RNC is so backwards in their collective thinking that they would view a move to protect student safety as “overreach.” Unfortunately, this is not surprising. Bathrooms continue to be a constant source of anxiety for many trans people, including both those forced to use the bathroom that does not match their gender identity and those whose identity and/or presentation is ambiguous. For the latter group, there is no appropriate bathroom, as the two male-female options do not acknowledge an existence outside the binary. As Jack Halberstam explains, “Those of us who present in some ambiguous way are routinely questioned and challenged about our presence in the ‘wrong’ bathroom” (332). Halberstam further illustrates this problem in summarizing the narrative of “he-she factory worker, Jess Goldberg” who must “make crucial decisions about whether she can afford to use the women’s restroom” (333). Thus, the bathroom becomes a representation of the “limit to her ability to move around in the public sphere” (333). Unfortunately, even if the RNC’s resolution were to be denied, the issues illustrated by Jess Goldberg would still be very real for many trans people. Very few institutions have “all gender” bathrooms, and while buildings often have single bathroom options, there are usually very few, and they can require long treks across the premises to find.
The RNC is so ingrained in their archaic understandings of gender that they take no issue with the fact that their condemnation of trans bathroom rights could force people to everyday experience systematic oppression whenever they need to pee. As Julia Serano explains, “Transphobia is an irrational fear of, aversion to, or discrimination against people whose gendered identities, appearances, or behaviors deviate from societal norms” (349). Thus, what is causing the RNC so much uneasiness is the fact that people exist who do not remain within the status quo. Serano further defines cissexism as “the belief that transsexuals’ identified genders are inferior to, or less authentic than, those of cissexuals,” and then notes that “the most common expression of cissexism occurs when people attempt to deny trans people the basic privileges that are associated with the gender the trans person self-identifies with” (350). The RNC, then, is both transphobic and cissexist in their denial of appropriate bathroom rights. Were the RNC to reify the existence of trans people, they would be subsequently giving up some of their power that is built into the current cissexist system of society. By accepting the performative nature of gender, the patriarchy’s survival begins to crumble by default. Unfortunately, though, the RNC’s uneasiness comes at the cost of trans students’ basic rights and daily sense of wellbeing.
Thus, the RNC’s condemnation of trans bathroom rights reveals their deeply rooted insecurity surrounding gender. Riki Wilchins comments on this phenomenon by explaining, “In fact, the United States may be the only country in the world where we are so insecure about gender that the words man and woman have no meaning unless they are preceded by real” (341). The RNC epitomizes this statement in their insistence that trans people are not expressing their “real” gender. The fact that trans people are able to transcend patriarchal boundaries is incredibly frightening for men desperate to uphold their power that is built into a strictly static binary. Riki Wilchins also explains binaries as “the black holes of knowledge. Nothing is allowed to escape, so we get the same answers every time” (341). Those that do escape are labeled the deviants of society who need to be put back into line. In order to punish those who are rejecting our society’s static binary, organizations such as the RNC begin to methodically remove basic rights from trans people. The message they are sending is that if you want to exist in this society as a human, you must also conform to the system of control that is currently in place.