Explaining her stance to CNN, Cournier said, “If you have male parts you don’t need to be in the women’s locker room. I don’t care what you are; I don’t care if you’re gay, lesbian, transgender or transvestite. I am uncomfortable with you as a male in my locker room, in my restroom.”
An important fact overlooked by Cournier is that there was not, in fact, a man in the women’s locker room. A trans person who identifies as female should be recognized and accepted as such, and research shows that these individuals are no less secure in their gender identity as cisgender persons.
And yet, it is transgender individuals who most often feel unsafe in public spaces and in the workforce. The use of bathrooms and other shared private-public spaces such as locker rooms is a particularly difficult area for many trans people.
“Transgender people can face harassment and discrimination while engaging in simple daily activities such as going to the gym or using the restroom, and yet only 17 states offer explicit protection in public accommodations,” Alison Gill, senior legislative counsel at the Human Rights Campaign (HRC), tells Yahoo Health. “We applaud those businesses, like Planet Fitness, that take additional measures to ensure that transgender people are treated fairly and respectfully in their everyday lives.”
Presently, lawmakers in Florida, Texas and Kentucky all have proposed legislation which would make it a crime for a person to use a restroom or changing room that does not correspond with their biologically assigned gender, regardless of the individual’s stated gender identity.
The majority of these bills seek to restrict access to sex-segregated facilities — such as bathrooms and locker rooms, for transgender people by defining sex in a way that actively excludes transgender individuals’ gender identity. These pieces of legislation often seek to define sex as something based on chromosomes, sex assignment at birth, or whatever form of ID (such as a driver’s license) that person carries — all things that so often do not align with how a transgender person lives their life.
Furthermore, Gill notes, many emerging pieces of legislation around this form of discrimination apply specifically to schools and youth, yielding a situation where schools are not only forced to make their students use inappropriate bathrooms based on their gender identity, but also putting schools in conflict with federal law, as Title IX clearly provides protection based on gender identity.