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Article CommentaryAnalysis and Commentary

The Transgender Bathroom Debate at the Intersection of Politics, Law, Ethics, and Science

Brian S. Barnett, Ariana E. Nesbit and Renée M. Sorrentino
Journal of the American Academy of Psychiatry and the Law Online June 2018, 46 (2) 232-241; DOI: https://doi.org/10.29158/JAAPL.003761-18
Brian S. Barnett
Dr. Barnett is fellow in the Massachusetts General Hospital/McLean Hospital Addiction Psychiatry Fellowship, Harvard Medical School, Boston, MA. Dr Nesbit is a Forensic Psychiatry Fellow, University of California, Davis, Davis, CA. Dr. Sorrentino is Assistant Professor in Psychiatry, Harvard Medical School, Boston, MA.
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Ariana E. Nesbit
Dr. Barnett is fellow in the Massachusetts General Hospital/McLean Hospital Addiction Psychiatry Fellowship, Harvard Medical School, Boston, MA. Dr Nesbit is a Forensic Psychiatry Fellow, University of California, Davis, Davis, CA. Dr. Sorrentino is Assistant Professor in Psychiatry, Harvard Medical School, Boston, MA.
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Renée M. Sorrentino
Dr. Barnett is fellow in the Massachusetts General Hospital/McLean Hospital Addiction Psychiatry Fellowship, Harvard Medical School, Boston, MA. Dr Nesbit is a Forensic Psychiatry Fellow, University of California, Davis, Davis, CA. Dr. Sorrentino is Assistant Professor in Psychiatry, Harvard Medical School, Boston, MA.
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    Table 1

    Bills Currently Under Consideration in State Legislatures That Seek to Restrict Restroom Access Based on Gender

    StateBill NameSummaryGender Determination
    IAHF2164Allows public and private entities to limit access to restrooms based on genderNot specified
    IASF2296Allows schools to restrict access to multiple-occupancy restrooms based on genderBirth certificate
    KYHB326Stipulates that multiple-occupancy bathrooms in schools be restricted to one gender. Schools must also provide reasonable accommodation for individuals who do not want to use restrooms consistent with their genderAnatomy and genetics at time of birth
    MOHB1755Stipulates that all public multiple-occupancy restrooms must be “gender divided”Not specified
    MOSB690Stipulates that public school restrooms and locker rooms must be designated for the use of individuals of the same gender onlyBirth certificate
    OKSB1223Stipulates that multiple-occupancy restrooms and changing facilities in public schools be restricted to one gender. Schools must also provide reasonable accommodation for individuals who do not want to use restrooms consistent with their genderBirth certificate
    TNHB0888Stipulates that public schools must require students to use restrooms and locker rooms consistent with their genderBirth certificate
    WAHB1011Allows public and private entities to limit access to restrooms and changing rooms based on gender if an individual is transgender but preoperative or nonoperativeAnatomy
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    Table 2

    Sex Crime Cases Occurring in Restrooms or Changing Facilities

    YearLocationDressed as Opposite Sex*Description of IncidentLocation of IncidentPerpetrator's Gender
    2016IDNoCell phone used to take photos of a victim32–34,36Women's department store dressing roomTransgender woman
    2016WANoUndressed; did not identify as female, but stated new state law allowed him to be there32,35,36Women's locker room at a public poolCis-gender man
    2015WAYesCell phone used to photograph a victim36Women's restroomCis-gender man
    2015VAYesVictim filmed32,35,36Women's restroom at a mallCis-gender man
    2015AlbertaYesVictim filmed changing36Women's changing roomCis-gender man
    2014CAYesAttempted sexual assault36Women's restroomCis-gender man
    2014OntarioYesSexual assault of two women35Women's shelterCis-gender man
    2014WAYesCamera placed in a restroom36Women's restroomCis-gender man
    2013OntarioYesMirror used to peer into an adjacent stall36Women's restroomCis-gender man
    2013CAYesPolice allege perpetrator attempted to film women in restrooms34,36Women's dormitoryCis-gender man
    2013CAYesVictim filmed32,34–36Women's department store restroomCis-gender man
    2012WAYesShowered for sexual gratification34,36Women's locker roomCis-gender man
    2011United KingdomYesCell phone used to photograph victims and audio record them urinating34,36Women's restroomCis-gender man
    2011ORYesLocker room entered32,34,36Women's locker room at a water parkCis-gender man
    2010CAYesCell phone used to photograph women32,36Locker roomCis-gender man
    2010GAYesUndressed in front of children32,36Women's restroomCis-gender man
    2009CAYesLoitering for several minutes32,36Women's restroomCis-gender man
    2008INYesCell phone used to photograph a woman32,36Locker roomCis-gender man
    2004PAYesLocker room entered36Women's locker roomCis-gender man
    2003JapanYesObserved nude women34Women's resthouseCis-gender man
    • ↵* Individuals were transgender, falsely claimed to be transgender, or appeared as the opposite gender.

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Journal of the American Academy of Psychiatry and the Law Online: 46 (2)
Journal of the American Academy of Psychiatry and the Law Online
Vol. 46, Issue 2
1 Jun 2018
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The Transgender Bathroom Debate at the Intersection of Politics, Law, Ethics, and Science
Brian S. Barnett, Ariana E. Nesbit, Renée M. Sorrentino
Journal of the American Academy of Psychiatry and the Law Online Jun 2018, 46 (2) 232-241; DOI: 10.29158/JAAPL.003761-18

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The Transgender Bathroom Debate at the Intersection of Politics, Law, Ethics, and Science
Brian S. Barnett, Ariana E. Nesbit, Renée M. Sorrentino
Journal of the American Academy of Psychiatry and the Law Online Jun 2018, 46 (2) 232-241; DOI: 10.29158/JAAPL.003761-18
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  • Article
    • Abstract
    • History of Sex-Segregated Restrooms
    • Rationale for Gender-Neutral or Gender-Inclusive Restrooms
    • Potential for Abuse of More Permissive Restroom Entry Laws
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