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‘Disorderly Conduct’ if a Trans Woman Uses a Women’s Bathroom?

‘Disorderly Conduct’ if a Trans Woman Uses a Women’s Bathroom?

 

Apparently, using a bathroom consistent with your gender identity is an example of “disorderly conduct” for one Texas hospital.

Dallas woman Paula Witherspoon, who has been given medically approved and certified necessary gender transition care since 2006, was given the citation by hospital police after a patient saw her leave the empty bathroom facilities and made a complaint that there was a “man in the women’s restroom.”

Reports NBC:

“It was definitely humiliating, degrading,” [Witherspoon] said. “I felt like I was being discriminated against.”

“This is 2012, and I’ve been transitioning since 2006, and I’ve never had a problem until I went to Parkland Hospital,” Witherspoon said.

Witherspoon said she doesn’t even remember seeing anyone else in the restroom until she walked out.

“There was a lady there that said, ‘That’s a man.’ I just ignored her and kept going,” Witherspoon said.

Minutes later, a Parkland officer came over and cited her, she said. Witherspoon said she offered to show the officer a transition letter from her doctor that states, “She is expected to use facilities consistent with her external presentation, which is female.”

Hospital police, according to the report, told her they had to go by what is on her driver’s license, and Witherspoon has not yet been able to have that amended.

However, to be charged with disorderly conduct Witherspoon must have been seen to have engaged in behavior that was “intentionally or knowingly for a lewd or unlawful purpose.” This falls short of even the remotest technicality of the law — she didn’t intentionally do anything unlawful and, she claims and no one has yet contradicted this statement, the bathroom was empty and the stalls are floor to ceiling private cubicles so there was absolutely no possibility of “lewd” conduct.

The hospital has said that given the complex nature of this incident, staff are reviewing what happened.

But this situation speaks to the deeply troubling discrimination that trans people face in day to day life. Despite having with her a medical professional’s letter stating her gender reassignment and that as part of her treatment she must be allowed to live her life consistent with her gender identity, Witherspoon was told that this was not enough.

Texas law does recognize gender reassignment, and had Witherspoon had with her “an original or certified copy of a court order relating to the applicant’s name change or sex change” she would have been covered but, as she has not yet completed her gender reassignment she is as yet unable to obtain this official certificate. (It should be pointed out that some judges in Texas have allowed official recognition of gender change prior to reassignment surgery, but coverage is erratic and appears to be down to the discretion of said judges.)

Despite there being no written policy, trans citizens in Texas are also able to change their gender markers on their licenses — if they present a court order relating to their gender change, something again Witherspoon can not yet do.

This begs the question: why should Witherspoon have to carry such papers when she is living her life consistent with her medically recognized gender identity, and has a doctor’s letter to prove it, and has done nothing illegal by using the private stalls in the hospital bathroom that accord with her gender expression?

While 16 states and the District of Columbia have laws that protect citizens on grounds of their gender expression and gender identity, Texas is not one of them. Dallas actually does have a gender identity and expression-inclusive ordinance, but Parkland hospital falls outside that jurisdiction.

Witherspoon’s story highlights the pressing need for nationwide trans-inclusive nondiscrimination legislation that covers public accommodations and facilities so that this kind of dehumanising treatment doesn’t continue.

Fortunately, there are now reports that hospital board members are pushing for a written policy on bathroom use that will be more accommodating to trans patients and hospital visitors’ needs, and also to appoint an LGBT liaison to deal with LGBT issues within the hospital.

 

Related Reading:

New York Assembly Passes Trans Protection Bill

Landmark Employment Ruling Protects Trans Rights

Latina Trans Women Report Violence & Harassment from Police

 

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Image used under the Creative Commons Attribution License with thanks to kaitlyn tikkun.

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66 comments

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3:40PM PDT on May 15, 2012

I had a colleague who I knew as a man but after a few years began the transitition to being a woman. My attitude never changed, I like him and then I liked her - I really enjoyed working with this person, their gender would have only become an issue had we considered sleeping together.

12:22PM PDT on May 7, 2012

I'M WITH STACY ON THIS!

10:37AM PDT on May 7, 2012

I can see this turning into a field day for perverts.

10:11AM PDT on May 7, 2012

@Bill C--normally I respect you for being one of the more logical people on here, but how on earth does a transperson using the restroom violate your rights? I agree that disabled people need more than one stall (especially where I live) and that able-bodied people need to keep out of it, but unless that transperson is using the disabled stall when they are fully bodily abled, how does that in anyway harm you or infringe on your rights? It's apples and oranges.

Chances are, many of you have sat right by a trans person and never even noticed. I will also note that some trans-friendly places have incorporated restrooms that only delineate between "sitters" and "standers". And really, if genitals only define between how you urinate, then that's a far more appropriate designation than the overly simplistic and erroneous "male" and "female". There are more intersexed and trans people in the world than you are aware of.

10:03AM PDT on May 7, 2012

People should be clamoring for trans rights. You realize the only thing that people are using to declare a trans man or woman is unfit for their particular restroom is physical appearance, right? Well, some people are not unambiguously masculine or feminine. I've met women that looked like men. They were not trans women. I've met androgynous men--these guys get harassed at restrooms all the time. And these are cis men and women by the way, they just don't fit society's visual expectation of "male" or "female". There are intersex people, androgynous cis people (straight,gay, bi and asexual), and many others that transphobia affects.

I would rather let someone choose the restroom that is appropriate for them than get harassed by bigots.

9:21AM PDT on May 7, 2012

Good for laws, man is aman, althougt he wear women dress !

8:38AM PDT on May 7, 2012

I don't know about some of the folks on here. Gender is between the ears. Not the legs. Requiring a male to female trans woman to use a men's room when preop leads to one thing.

Dead pre operative Trans women. Raped pre operative Trans women. Beaten and assaulted Trans women who are only alive by a fluke, rather than any intent by their assailants.

Worse, add in that Trans women, pre or post operative, have LESS right to defend themselves than anyone else (http://www.care2.com/causes/trans-woman-punished-for-surviving-hate-crime.html#comment-3624200) and it gets to the point one has to wonder that if even in the face of this much hate, institutionalized criminalization of existence & risk of being murdered for the horrible crime of existence, why would ANYONE transition at all?

Think on THAT nugget for a while... No one transitions because it's a lark. It's an internationally recognized medical condition that requires certain actions in order to get the treatment needed to survive long term.

2:28AM PDT on May 7, 2012

thanks for sharing

7:37PM PDT on May 6, 2012

thank you!!

2:13PM PDT on May 6, 2012

The easiest way to end all the whining over this issue would be to require unisex bathrooms with stalls in public places. The stalls should provide full coverage/privacy, and there'd be no more griping about who has what parts.

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