Why Florida’s anti-trans bathroom bill is so dangerous

There was a time when Florida Gov. Ron DeSantis said engaging in “bathroom wars” was not a “good use of our time.” Apparently, he has changed his mind on that issue.

On May 17, 2023, DeSantis signed legislation that imposes a number of restrictions on the transgender community in his state, including blocking them from using public restrooms that align with their gender identity.

I would argue that DeSantis should continue to see bathroom wars as a waste of time. In fact, the amount of time and energy legislators in Florida and other states across the country are spending on this issue is an outrage to me and, I believe, should be an outrage to every voter.

The trans population in this country represents less than 2 percent of the general population, yet politicians feel we need to occupy a much more significant portion of the political debate space. According to recent statistics, there are nearly 370 active anti-trans bills being considered by state legislators.

With all the serious issues that our country faces, from immigration to inflation to abortion, it hardly seems that bathroom wars should be a priority for politicians. Yet, they routinely return to these kinds of matters, while avoiding the hard work that needs to be done to solve pressing and far-reaching problems.

Florida legislators cite safety as the justification for Gov. DeSantis’s new legislation — a common approach taken when promoting this type of bill. The state legislature even titled the new law the “Safety in Private Spaces Act,” with rhetoric claiming that women will be unsafe if a trans person is in the same bathroom as them. Even though academic studies refute this, those who publicly support bathroom restrictions continue to make it seem like these types of threats to a woman’s safety are common.

Sadly, while the sponsors of these kinds of discriminatory bills base their arguments on unsubstantiated concerns over safety, they ignore the dangers they create for the transgender community.

Consider the draconian details of the new Florida law; in basic language, it limits people to using the bathroom designated for the gender they were assigned at birth. Someone like me, who has gone through all the necessary psychological, medical and legal steps required to fully transition my gender, would still be required to use the men’s room. Safety is given as a reason for these laws, yet no one seems to care how safe I would be if I were forced to use a men’s room at this point in my life.

Those who think this is not an issue for the trans community should consider a 2019 study that explored the prevalence of sexual assault on transgender students who were subject to “restrictive access” to bathrooms and locker rooms, meaning they could not use the spaces that matched their sexual identity. The study found that one in four transgender and gender-nonbinary teens affected by restrictive access were victims of sexual assault. Legislators who are truly concerned about safety cannot ignore those statistics.

As history has shown us, however, people who do not have personal experience with an issue can be led astray and riled up by fear-mongering. That is exactly what is happening with the bathroom wars. Because the trans community is such a small part of the population, most people have no meaningful experience with transgendered persons. As a result, it is easier for politicians to use these issues to demonize us and stir up fear in those who are naive about the topic. It’s also politically safe for politicians to use that approach, since our numbers are not significant enough to make them care about our voting bloc.

Several years ago, legislators in North Carolina passed a bathroom bill that was very similar to the one just passed in Florida. The move sparked a huge wave of public outcry. Corporations moved out of the state, sporting events were canceled, and even Bruce Springsteen said he wouldn’t perform in North Carolina if the law stayed in effect.

That kind of intense pressure caused North Carolina to repeal the law. Now, however, we are not seeing nearly the amount of public outcry in Florida and other states that have become active in the bathroom wars.

The voices of the trans community alone are not enough to fight this battle. It is time for those who were on our side in North Carolina to put pressure on Florida and other states to repeal these kinds of hateful and harmful laws. American life is becoming increasingly unsafe for members of the LGBTQIA+ community, and these laws are a major reason why.

Wynne Nowland, the CEO of Bradley & Parker, transitioned at age 56. As one of the very few openly trans CEOs, Wynne is able to provide unique insight on trans issues and topics as a trans business leader and entrepreneur.