18 Buff. J. Gender L. & Soc. Pol'y 147 (2009-2010)
Transgender Bathroom Usage: A Privileging of Biology and Physical Difference in the Law

handle is hein.journals/bufwlj18 and id is 149 raw text is: TRANSGENDER BATHROOM USAGE: A PRIVILEGING
OF BIOLOGY AND PHYSICAL DIFFERENCE IN THE LAW
BY JILL D. WEINBERG*
When Steven began teaching, he was diagnosed with
Gender Identity Disorder1 (GID) and began transitioning from
a male to a female. This process lasted from August 2000 until
June 2003. During this time, Steven legally changed her name
to Rebecca, presented as a female at work, and changed the sex
designation on her driver's license to reflect her female
identity.   She had a number of cosmetic surgeries and
ultimately, had sex reassignment surgery. This transformation
never bothered the college until fall 2001 when students
complained that a man was using the women's restroom. The
college indicated that students expressed concerns regarding
their privacy and/or safety and that the college had a
compelling interest in protecting privacy rights of other
individuals . . . by maintaining the sex-segregation of the
restrooms.2 The college informed Rebecca that she could not
use the women's restroom until she provided proof that she had
sex reassignment surgery.
Rebecca's story is not uncommon for transgender
employees. One reason for such discomfort over transgender
bathroom usage is the result of a legal and social landscape
that has adopted a separate spheres ideology,3 in which the
construction of sex segregated bathrooms and preoccupation
with anatomical difference remain unchallenged.       By this
*PhD (student), Northwestern University; M.A., The University of Chicago;
J.D., Seattle University School of Law.
1 The medical diagnosis refers to an individual who has a strong and
persistent belief of having been born into the wrong body and a desire to live
or be treated as the other sex. AMERICAN PSYCHIATRIC ASSOCIATION,
DIAGNOSTIC AND STATISTICAL MANUAL OF MENTAL DISORDERS, TEXT REVISION §
302.9 (4th ed. 1994).
2 Kastl v. Maricopa County Cmty. Coll. Dist., No. Civ. 021531 PHXSRB, 2006
WL 820955 (D. Ariz. June 3, 2004) (Defendant's Motion for Summary
Judgment).
3 See Terry S. Kogan, Sex-Separation in Public Restrooms: Law, Architecture
& Gender, 14 MICH. J. GENDER & L. 1, 5-6 (2007).

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