Donald J. Trump, Exec. Order (Jan. 20, 2025), https://www.whitehouse.gov/presidential-actions/2025/01/defending-women-from-genderideology-extremism-and-restoring-biological-truth-to-the-federal-government/.
This executive order specifically directs agencies administering educational grants to K-12 institutions to prohibit the support of “social transition,” which is defined to include “use of intimate facilities and accommodations such as bathrooms or locker rooms specifically designated for persons of the opposite sex.” Donald J. Trump, Exec. Order (Jan. 29, 2025), https://www.whitehouse.gov/presidential-actions/2025/01/ending-radical-indoctrination-in-k-12-schooling/. Notably, on January 28, 2025, the U.S. Department of Education began an investigation into whether Denver Public Schools District has violated Title IX because they created a bathroom that was all-gender and not separated by anatomical sex. In a letter notifying the District of the investigation, the Department of Education stated the investigation “will examine whether the District discriminates against students on the basis of sex by installing multi-stall all gender restrooms in District school facilities, in violation of Title IX and its implementing regulations.” See Solomon, M. (2025). U.S. Department of Education launches investigation into DPS for all-gender restroom conversion. 9NEWS.com. https://www.9news.com/article/news/ education/us-department-education-investigation-dps-all-gender-restroom/73-4a73b4a7-5a52- 405a-afb1-ec71490a64b0 (DOE letter posted in article); Seaman, J. (2025). Trump Administration to Investigate DPS for Converting Girls Restroom to All-gender Bathroom. The Denver Post. https://www.denverpost.com/2025/01/28/trump-investigation-dps-all-gender-restroom-discrimination/.
Donald J. Trump, Exec. Order (Feb. 5, 2025), https://www.whitehouse.gov/presidential-actions/2025/02/keeping-men-out-of-womens-sports/.
Movement Advancement Project. (2025). Equality Maps: Bans on Transgender People’s Use of Public Bathrooms & Facilities According to Their Gender Identity. https://www.lgbtmap.org/equality-maps/nondiscrimination/bathroom_bans. Accessed January 17, 2025; Redfield, E., Conron K.J., & Mallory, C. (2024). The Impact of 2024 Anti-Transgender Legislation on Youth. Williams Institute, UCLA School of Law. https://williamsinstitute.law. ucla.edu/publications/2024-anti-trans-legislation/.
171 Cong. Rec. H26 (daily ed. Jan. 3, 2025).
Protecting Women’s Private Spaces Act, H.R. 10186, 118th Cong., (2024), https://www.congress.gov/bill/118th-congress/house-bill/10186/ text?s=6&r=12&q=%7B%22search%22%3A%22restrooms%22%7D; Stop the Invasion of Women’s Spaces Act, H.R. 10290, 118th Cong., (2024), https://www.congress.gov/bill/118th-congress/house-bill/10290/text?s=6&r=10&q=%7B%22search%22%3A%22restrooms%22%7D.
Herman, J.L. (2011). “Bathroom Panic” and Antidiscrimination Laws: The role of activists in securing gender identity protections in gendered public spaces in Washington, DC. LGBTQ Policy Journal at the Harvard Kennedy School, 2, 25-34; Hasenbush, A., Flores, A.R., & Herman, J.L. (2019). Gender Identity Nondiscrimination Laws in Public Accommodations: a review of evidence regarding safety and privacy in public restrooms, locker rooms, and changing rooms. Sexuality Research and Social Policy, 16, 70-83. https://doi.org/10.1007/s13178-018-0335-z
Donald J. Trump, Exec. Order (Jan. 20, 2025), https://www.whitehouse.gov/presidential-actions/2025/01/defending-women-from-gender-ideology-extremism-and-restoring-biological-truth-to-the-federal-government/
Hasenbush, A., et al. (2019).
A statewide law prohibiting other types of discrimination, but not places of public accommodation, was in place during the time period covered in this study. See Hasenbush, A., et al. (2019).
Flores, A.R. & Herman, J.H. (n.d.) Including Gender Identity as a Protected Class in Public Accommodations Laws Does Not Increase Victimization Rates: A statewide, countywide, and municipal assessment. Unpublished manuscript. We utilized a generalized synthetic control method with time-varying covariates to compare states and counties with and without gender identity nondiscrimination laws in public accommodations on measures of violent victimization perpetrated by strangers. Presence of and enactment dates of public accommodations nondiscrimination laws at the state and sub-state levels were identified through publicly available resources created by the Movement Advancement Project and Human Rights Campaign, in addition to our own assessments with the assistance of legal analysts. National Crime Victimization Survey subnational estimates of variation in victimization rates came from: Fay, R. E., & Diallo, M. (2015). Developmental estimates of subnational crime rates based on the National Crime Victimization Survey. U.S. Bureau of Justice Statistics.
Herman, J.L. (2013). Gendered Restrooms and Minority Stress: The public regulation of gender and its impact on transgender people’s lives. Journal of Public Management & Social Policy, 19(1), 65-80.
James, S. E., Herman, J. L., Rankin, S., Keisling, M., Mottet, L., & Anafi, M. (2016). The Report of the 2015 U.S. Transgender Survey. National Center for Transgender Equality. https://transequality.org/sites/default/files/docs/usts/USTS-Full-Report-Dec17.pdf
James, S.E., Herman, J.L., Durso, L.E., & Heng-Lehtinen, R. (2024). Early Insights: A Report of the 2022 U.S. Transgender Survey. National Center for Transgender Equality. https://transequality.org/sites/default/files/2024-02/2022%20USTS%20Early%20 Insights%20Report_FINAL.pdf.
James, S.E., et al. (2024). Additional analyzes of 2022 USTS data completed by the author.
Transgender men are defined here as men who were assigned female at birth, and transgender women are women who were assigned male at birth. In this analysis, we do not include those who identify as nonbinary or are intersex. The impact on people who are nonbinary and/or intersex of laws requiring the use of restrooms and other facilities according to sex assigned at birth should be centered in future research.
James, S.E., et al. (2024). Additional analyses of 2022 USTS data completed by the author.
Herman, J.L. (2013); James, S.E., et al. (2016).
Herman, J.L. (2013); James, S.E., et al. (2016).
Herman, J.L. (2013); James, S.E., et al. (2016).
James, S.E., et al. (2016).
Herman, J.L. (2013).
