Statement of the American Psychological Association on Transgender Rights in facilities.

Diana sent this along to QWB.

Access to Sex-Segregated Facilities 

Equal access to resources is a social justice issue that is particularly salient for pre- and postoperative transgender people who need access to sex-segregated facilities, including public restrooms, emergency or homeless shelters, prisons, dormitories, and athletic facilities. Each setting poses some unique issues. For example, transgender people who are incarcerated are generally placed “according to their biological genitalia” (Giresi & Groscup, 2006, p.43; Edney 2004).

 A male-to-female transgender person who has not had genital surgery would likely be incarcerated in prison facilities for males, thereby placing her at greater risk for sexual abuse and other violence (Peterson et al., 1996), not to mention the psychological impact from the inmate’s perspective that she is a woman in a men’s facility. However, placing inmates in facilities consistent with their gender identity also may not be safe. For example, female-to-male transgender men without, or even with, genital surgery are similarly at risk for sexual assault when placed in a male facility (Peterson et al., 1996). This is an example of the ways in which the needs of male-to-female transgender people and female-to-male transgender people may differ, and not simply mirror one another.

Alternatively, sometimes transgender inmates are isolated or placed in special units, but this often means that they are excluded from recreational, educational, and occupational opportunities, and being kept in solitary confinement effectively increases the severity of their sentence (Edney 2004; Minter, 2003). Additionally, transgender prisoners may receive inadequate or inappropriate medical care (Edney, 2004). In the case of shelters, solutions to this issue might include providing individual placement in alternate facilities (such as hotels) and providing training to shelter personal on how to address these issues (e.g., directly addressing the concerns of other shelter clients and establishing a policy that all who identify as women are welcome).

There are many variations on the dilemmas posed by sex-segregated facilities, including whether to allow abused transgender women to use shelters for abused biological women, given that many of the residents of the shelter will have been abused by biological males and may be upset by their presence. Solutions to this issue include providing individual placement in alternate facilities (such as hotels) and providing training to shelter personal on how to address these issues such as directly addressing the concerns of other shelter clients and establishing a norm that all women are welcome. Access to facilities becomes a particularly challenging issue for persons transitioning on the job (for example, at what point in the transition should individuals use the restrooms consistent with their gender identity) or attending university (for example, what is the appropriate housing situation, locker room or sports team affiliation?)

These examples illustrate a number of dilemmas facing transgender people using gender-segregated facilities.While not every transgender individual will face the issue of prisons or shelters, most transgender people do face the issue of which restroom facilities to use. The situation is particularly difficult for those who have not fully transitioned or may never transition fully. Given the expense, risks, and technological limitations of genital surgery, many transgender men who fully transition may not have genital surgery. There are very real concerns about which restrooms transgender should use, in which dormitories they should reside, and in which gender they should compete in sports. The list of difficult situations is daunting.

Truth be told, many of these situations can be resolved with a combination of compassion, justice, accurate information, and common sense—ingredients that are sometimes lacking in decision-making processes.

While these usually are not situations that APA can affect directly, APA can adopt resolutions—publicly supporting the rights of transgender people to appropriately gendered treatment—and can file amicus briefs in relevant court cases on behalf of transgender people. Additionally, APA can provide guidance to therapists who are working with transgender clients to advocate on their client’s behalf and to help them navigate these situations.

The AMA then went on to issue these resolutions…