Should California schools require gender-neutral bathrooms? Some Fresno students say ‘yes’

Schools across California may soon see an increase in gender-neutral bathrooms on campuses.

California Superintendent of Public Instruction Tony Thurmond announced the formation this month of a committee that will be charged with making recommendations to expand the availability of gender-neutral bathrooms on California school campuses.

The committee will consist of teachers, students, school staff, and other California organizations like Equality California.

Locally, teachers, students, and parents who spoke with The Bee’s Education Lab said more gender-neutral bathrooms would help keep gender nonconforming students safe.

“As a parent and teacher in Fresno Unified, I think all students would benefit from single stalls. So much drama and behavior issues occur in the group bathrooms,” Homan Elementary School teacher Jennifer Massingham told the Education Lab.

A 2019 study from the Harvard T.H Chan School of Public Health found that transgender students and gender nonconforming students were at higher risk of experiencing sexual assault or harassment because of bathroom restrictions.

“I have been called slurs in the bathroom; that’s why I avoid it. I just use the nurses’ bathroom or wait till I go home,” said Rami Zwebti, a gender nonconforming student attending school in Clovis.

Zwebti, who prefers they/their pronouns, said they’re often told to use the boys’ bathroom, but they don’t feel comfortable — or safe — there.

“I’m not going to lie; I do feel ashamed when I enter the boys’ bathroom. I don’t belong there because I’m not a boy. Entering there feels very demeaning because it makes me feel like my identity is very fake,” Zwbeti said.

Students are legally allowed to use the campus bathroom that represents their gender identity.

In June, the Department of Education said sexual orientation and gender identity fall under the protections of Title IX, which prohibits sex-based discrimination. That same month, the U.S. Supreme Court sided with a lower-court ruling that allows students to use the bathroom that corresponds with their gender identity.

Still, many students choose not to use the bathroom where they’d feel most comfortable for various reasons, many tied to fear of bullying or rejection.

“My 13-year-old has identified as non-binary for three years, and their look has evolved into a more boyish expression. They are afraid of alarming girls in the girls’ restroom, so they don’t use the restroom until they get home nearly seven hours later,” said a Central Unified mother who has asked to remain anonymous for their child’s safety.

Tarna Fulton, a non-binary student at Buchanan High school in Clovis, also said they steer clear from bathrooms during the school day to avoid any issues or confrontations.

While some students and teachers feel gender-neutral bathrooms could help the bullying and violence students in the transgender and gender-nonconforming community face, others say it is only part of the solution.

“Along with expanding the bathrooms, there needs to be conversations along cultural competency,” said Jennifer Cruz, manager at the Fresno Economic Opportunities Commission LGBTQ+ Resource Center.

Cruz said a national talking point against gender-neutral bathrooms has been the idea that a trans or gender-nonconforming student would enter the bathroom to harm another student sexually. Though, as the 2019 Harvard study noted, gender-nonconforming people have much more often been victims of assault or harassment, not perpetrators.

Cruz said educating communities on the issues trans and gender-nonconforming people face could help create a more inclusive environment, help mitigate bullying, and correct any untrue or harmful ideas about trans and gender-nonconforming people.

Although there are health and safety concerns with gendered bathrooms, there are also safety concerns with gender-neutral bathrooms.

“We have been navigating this issue for some time and have made accommodations for students accordingly,” Clovis Unified Superintendent Eimear O’Brien said in an email. “One of the challenges for schools of having a gender-neutral bathroom that is a single stall room that locks is that you could potentially have more than one student utilize at the same time and behavior occurs that is unsafe and inappropriate behind a locked door.”

Students who spoke with The Bee acknowledged challenges with single-stall restrooms.

“I feel like if gender-neutral bathrooms became a thing, it would give people more opportunities to vape, have sex and commit crimes,” Fulton said.

Fulton said there has to be some sort of middle-ground to manage any disciplinary issues that may come up with gender-neutral bathrooms.

“I feel like there should be precautions with the gender-neutral bathroom, just a forewarning and be ready just in case,” Fulton said.

Anyone who wishes to join the ad hoc committee can contact safeschoolbathrooms@cde.ca.gov.

The Education Lab is a local journalism initiative that highlights education issues critical to the advancement of the San Joaquin Valley. It is funded by donors. Learn about The Bee’s Education Lab on our website.