Creating Social Panics to Entrench Bias: A Brief History

Creating social panics about sexual problems that don't actually exist has been a favorite of reactionaries in the U.S. in response to civil rights movements.

In the 1950s, reactionaries claimed that ending racial discrimination would lead to white women getting sexually-transmitted infections from Black women in public bathrooms. If schools were racially integrated, they said, white schoolgirls would get syphilis from Black girls in shared school bathrooms.

 

These claims were racist and ridiculous. But many white people believed them, and this fear was harnessed to generate waves of resistance against racial integration.

In the 1970s, reactionaries claimed that prohibiting sex discrimination with the Equal Rights Amendment would mean that public restrooms could no longer be segregated by gender, which would lead to widespread rape of women by men.

 

The ERA would not have banned gendered restrooms--that was a lie. But bathroom panic was a main reason the ERA failed to pass.

In the 1980s, reactionaries claimed that protecting people from employment discrimination on the basis of sexual orientation would lead to gay and lesbian teachers and scout leaders sexually abusing children. Gay men were said to be pedophiles who would somehow be empowered to assault boys in bathrooms by employment nondiscrimination. A "crusade" against this was led by Anita Byrant, dramatically named "Save Our Children!".

 

This was homophobic nonsense. But masses of parents were filled with panic and hate, which slowed and reversed antidiscrimination efforts.

In the 2000s, reactionaries claimed that allowing same-gender marriage would destroy the American family and enable bestiality. Politicians equated same-gender marriage to claiming a right to marry a table--something only a society that had lost all sense could support. 

It was the reactionaries' assertions that were nonsensical. But between 1998 and 2012, 31 states passed state constitutional amendments banning same-gender marriage due to panic that the institutions of marriage and family would be destroyed by. . . marriages and families.

 

Now reactionaries claim that respecting trans students' lived genders will "destroy female sports," and laws that ban trans girls from playing sports with other girls have been introduced in over 30 states. You know what the real problems are? Sports for girls and women are underfunded and disrespected. And as for trans children and adults, we suffer poor health due to exclusion from gyms and athletic activity. Far from the mythic domination of sports, transfeminine girls and women are at particular risk from harassment and lack of a safe place to change or shower that keeps so many from being able to exercise where other people can see them at all, let alone compete in sports.

And then, somehow simultaneously with presenting trans girls as a threat to cis girls, reactionaries claim that their goal is to protect trans kids, who are said to be victims of terrible medical experiments, in which evil parents conspire with mad doctors to mutilate their bodies. Republican politicians are writing laws that hold no minor can understand what they are saying when they assert a trans identity--that it's like saying they want to be a dinosaur when they grow up. And they are pretending that evil doctors are pumping tots' bodies full of adult hormones and cutting up their genitals. None of this has any relation to reality. Nobody is doing genital reconstruction on kids (unless they are born intersex, and this is forced on them as infants, but that's another story). Nobody is giving adult hormones to elementary schoolers. 

The fact is that medical transition services for pre-pubertal kids consists of psychological support. Then, at adolescence, youths and their families are offered medication that simply postpones pubertal changes. This makes no permanent alteration to a youth's body--it just prevents bodily changes from taking place that cause despair. Some pubertal developments, like voice change in a transfeminine youth, are irreversible. Others, like breast growth in a transmasculine youth, can be surgically addressed, but that's much more invasive than simply postponing pubertal changes. That's why the American Medical Association supports puberty suppression for trans youth.

But if you look at commentary about these bills, there are masses of comments from enraged and panicked adults and fulminating politicians claiming that abusive parents are making monsters out of little children with scalpels and drugs. The reactionaries claim they are not motivated by bigotry, they just want to protect children. But  passing a law that states that a person's sex is "genetically encoded at the moment of conception" and "cannot be changed," as the law passed in Arkansas banning transition-related care for minors does, makes it clear that what this is really all about: enshrining the misgendering and rejection of trans people in law. The proposed law in North Carolina would even require schoolteachers to immediately inform a child's parents if they observe the minor exhibiting "gender nonconformity," making the policing of binary gender stereotypes a state employee duty.

Once again, we see a panic about sex and the cries of "what about the children!" being used to spread bigotry, dressed up in concern trolling. Anita Bryant claimed to be motivated by her "love of homosexuals" to be trying to save them by promoting homophobic discrimination. Transphobes today claim they are motived by care as well. But the fact that banning recognition and care for trans youth is likely to lead to increased despair and suicidality doesn't deter them at all, because "care" is not the real motivation here. Bigotry is, fanned into a firestorm by a social panic.

The thing you have to remember about sexual panics is that they are not spontaneous or random. They are purposefully generated by people with power to prevent social change.

We have to call out these manufactured panics for what they are. Putting current faux fears in the context of past ones can help make it obvious. So share these histories!

A Bathroom Panic Bill Hits Wisconsin

I suppose it was only a matter of time. A transphobic bathroom gender-policing bill has hit my home state and its Republican-controlled legislature. 

Republican state legislators have proposed a bill to require that Wisconsin schools:

1. "Designate all locker rooms and bathrooms for one gender exclusively;"

2. Only allow students to access facilities matching their "biological gender" as determined by chromosomes and anatomy at birth (a framing which incidentally puts intersex children in a terrible position, apparently banned from using any bathroom);

3. Allow transphobic parents to "file a written complaint if they feel their student’s privacy is being violated because of transgender students’ use of a school’s bathroom or locker room;"

4. If transphobic parents are not satisfied by the school's resolution of the complaint, allow them to "file a lawsuit against the district seeking money or other kinds of damages" (among which is mentioned in discussion by one of the bill's sponsors the expulsion of the trans child from the school); and

5. Require the state Department of Justice to defend school districts in lawsuits alleging the policy is discriminatory.

Now, mind you, the U.S. Department of Education Office of Civil Rights has determined that Title IX guarantees trans students protection, including access to facilities that match their gender identity. The U.S. Department of Justice holds that forcing trans students to use a specially-designated separate bathroom instead of the regular gendered facilities violates that student's civil rights. So a lawsuit will follow, and I as a taxpayer will have to pay to have the state lawyers argue that people like me and my wife should be segregated and excluded and treated as a threat.

The legislators introducing this bill use the same-old, same-old tactic of disguising their hatred of trans people as a noble urge to Protect the Children. "What if a [cis] girl is followed into a restroom by someone and she can't tell if it is a trans gender student or a dangerous [cis] male up to no good?" Time after time, cities and towns and school districts voting on whether to protect trans people from discrimination have been faced with hysterical claims that (cis) women and girls would be attacked by a flood of predators if trans people's rights are respected. Time and again, it hasn't happened. You see, it is already illegal to assault people. (Which is not to say that girls and students of other genders aren't sexually assaulted with depressing frequency at high schools. But what is enabling this isn't that their assailants are pretending to be trans--it's that they are seen as very normatively masculine, their behavior is written off with a shrug as "boys will be boys," and it's the victims who get shamed. If Republicans really wanted to protect students from sexual assault, they'd attack rape culture, not trans students.)

I hope that Rep. Jesse Kremer, R-Kewaskum, and Sen. Steve Nass, R-Whitewater, and their counterparts in the other cities and states who are introducing a rash of transphobic "bathroom bills," some day come to feel the full weight of shame their actions deserve. Bear in mind that 78% of trans K-12 students are harassed and assaulted at school. A large-scale study of college students found that a quarter of trans students were raped during their college career. And as a result of pervasive mistreatment and disrespect, 41% of trans people report having attempted suicide in their lives. The transmisogynist trope of "men in dresses" posing some pervasive social threat to cis women and girls conceals the reality: that trans children and adults are victimized and abused and murdered at terrible rates. And the actions of legislators like Kewaskum and Nass treat this state of affairs as all well and good--as in fact, a state that should be made worse.

We really need to work to protect trans children in schools, not attack them. A fair number of school districts in Wisconsin have instituted policies to protect trans students, including the one in which I live and the districts of Menasha and Madison. Students here in Shorewood have been very supportive of the protection of trans students' rights to use the bathroom in peace. In Madison, any student who is possessed by an irrational fear of possibly encountering a trans person in a bathroom is directed to use a special single-stall nongendered facility. There have been no issues, no rash of cis boys suddenly telling everyone they are trans so that they can assault cis girls.

What Republican legislators here in Wisconsin and elsewhere who are introducing gender-policing bathroom bills want to do is reverse the modest degree of social progress trans people have made. They are standing on the side of hate, and their victims are the children, teens and adults who really need protection.

If we can't get it right at PrideFest. . .

This weekend I spent two days at PrideFest Milwaukee.  I was especially looking forward to it because on Friday afternoon, a federal court in Wisconsin held that the state ban on same-sex marriage was unconstitutional, and a number of my friends were among the couples who joined in a delirious rush to get married before any injunction could be issued.  I was very happy for them, and was anticipating a particularly giddy PrideFest.

In many ways, it was a lovely weekend.  I've been attending this particular pride celebration for 15 years.  The first time I attended, just after moving from San Francisco, it was a shock.  I had to enter the festival grounds, pulling my scared young child along by the hand, through a huge gauntlet of homophobic protesters shouting that we were going to go to hell for our perversions.  Inside, the crowd was small and, in a racially diverse city, very white.  The entire event seemed quiet and tentative.

Things have changed a lot since then.  The protesting homophobic groups are much smaller, and a loving counterprotest of PFLAG volunteers stands by the entrance to the festival grounds, so that nobody has to push through a hostile wall of bodies to enter.  Inside, the venue is full, and the crowd much more racially diverse.  There's a visible trans presence, both in terms of organizations hosting information-and-activity tables, and among the attendees.  There's a festive smattering of furries brightening up the place.  A goodly number of children of assorted ages are in attendance, happily collecting scads of stickers, or being pushed in strollers by parents of all flavors.

So, PrideFest Milwaukee has come a long way.  But I'm sorry to say that it still has a long way to go, because it is not yet doing right by trans people.

What I want to note in particular is the bathroom problem.  There are no designated gender-neutral, inclusive restrooms.  This is 2014, and even the mainstream professional association conferences I attend as a sociologist designate and give clear signs directing people to gender-neutral bathrooms.  The conferences are held in hotels that may not have such facilities, so what the organizers do--this is not rocket science--is select a capacious facility designated for one binary gender or another, and put a sign over the door labeling it a gender-inclusive restroom.  But PrideFest--guaranteed to have more genderqueer and gender-transitioning people attending than the crowd at the American Sociological Association conference--does not do this.

Maybe it wouldn't matter that much, if people just felt free to use whatever binary-gendered facilities were most convenient.  It is, after all, an LGBT+ festival, and the inclusion of all genders should be an aim of all attendees.  All the bathrooms should be, in effect, gender inclusive.  But unfortunately, that is not true.  There is a segment of the crowd that isn't just forgetting there's a T in LGBT.  They are opposed to trans inclusion.  They want to attend a cis lesbian-gay-and-maybe-bisexual festival.  In particular, there are cis lesbians present who don't want to let trans women into "their" spaces--like the women's bathrooms, or the "Wom!n's Lounge and Cafe."

What this means is that, at PrideFest 2014, I know a number of trans women who were harassed when all they wanted was a place to pee.  One of them was my spouse.  There were visibly trans women who received glares, misgendering challenges to their entering women's bathrooms, and physical shoves.  And there was nowhere else for them to "go"--not that a trans woman should be forced to use a gender neutral restroom, when all women, trans or cis, have an equal right to use the binary-gendered bathroom that matches their gender identity.  But at least a gender-inclusive restroom would have been a safe alternative for a woman being harassed in the bathroom because she is trans.

Gender policing and bathroom panic have no place at a Pride festival.  The massive illogic of threatening trans women who are trying to pee on the bogus theory that they pose a threat to other women in the bathroom is a classic example of how bigotry works.  Discrimination on the basis of sexual orientation has been justified in the same way--as necessary to protect threatened innocents.  A lesbian teacher would "convert" her helpless students, a gay male scouting troop leader corrupt the morals of his charges.  The "homosexual" has been framed as a threat in the locker room or the group shower.  To have some cis lesbians turn around and make the same sort of charge against a different group of marginalized women is a nasty irony.

It's not just some cis women who made PrideFest 2014 feel unsafe for trans people.  Walking around the festival grounds with my visibly trans wife, I watched unfortunate numbers of cis men and women of all stripes directing microaggressions at her.  That's not to say there weren't also people present who gave her big grins or who complimented her hair or told her that she looked lovely.  But I witnessed too many of the very same microaggressions she gets outside of a Pride festival: people snickering at her, elbowing their friends and pointing at her, or giving her long, unsmiling stares.  At least there were no bros yelling at her to stop wearing women's clothes or shouting, "Look at the tranny!"  But that's hardly a high standard of what to expect at an LGBT+ celebration.

What I'd hope would happen at a Pride party is that when people acted in rude or harassing ways, other people would call them on it.  When a visitor at the table hosted by a genderqueer organization is demanding to know what genitals the individual sitting behind the table keeps in their pants, it shouldn't just be up to them to explain why that's a rude question.  When a passerby feels compelled to inform a young person wearing a button saying "my pronoun is he" that this is silly because he looks like a pretty girl to him, someone should step up in that young man's defense.  But that didn't happen in the case of these incidents.

People tell me that it's the nonconfrontational culture of the Midwest that explains this.  People in Wisconsin are polite, and don't want to make a scene or embarrass someone by calling them on inappropriate behavior.  But if people in the Midwest are so nonconfrontational, why are they confronting trans people about their pronouns, or right to use the bathroom?  If Midwesterners are so polite, why are they asking strangers about their genitals?

I can say this: I know that there are plenty of cis people out there who want to be good allies.  This morning, in an attempt to take at least some step toward addressing the bathroom issue, I made up a batch of signs that were variations on a general theme of  "Trans? Genderqueer? Worried about using the bathroom?  Ask here for an ally to escort you."  Then I went around to various organizational tables and asked if they'd be willing to put one of the signs on their table, and to escort anyone who asked for assistance.  Fourteen of the organizations put up a sign.  Most of the time, cis women at the table said that they were so sorry to hear that this was a problem, and that they would be very happy to help trans women use the bathroom in safety.  And that's a good thing.

Still, one of the organizations that agreed to take a sign was running a survey about experiences with health care, supposedly for LGBT people, and obviously recently constructed, since it asked if the person filling out the survey had tried to get insurance through "a health care exchange (Obamacare)."  Yet the questions only asked if the person suveyed had faced various sorts of poor treatment due to their sexual orientation.  I went to the person running the booth and pointed out that I've had a variety of poor healthcare experiences due to my trans status, but that the healthcare providers in question never even asked about my sexual orientation.  Her response was to say "Ohhhh, I see what you mean," and then to advise me that if I wanted to I could answer the questions as if my trans status were my sexual orientation.  But it isn't.  And not having thought of that beforehand is not a sign of being the best of allies to all the trans people answering the survey.

(Another health survey I filled out at PrideFest was even worse.  It asked me if I was attracted to people who were "male, female, transgender, other, or it doesn't matter."  As if a trans man is not a man, and a trans woman not a woman.  As if nobody would have a trans partner unless they were "sexually oriented" to trans people of all genders as a class.)

I know things could be worse.  A few years ago, signs were put up on the bathrooms at PrideFest saying that nobody could use the facility unless the gender on their ID matched the gender specified on that bathroom door.  At least the organizers aren't taking steps explicitly to gender police entry to the bathrooms.

But I was really hoping for better.  This was a year in which there were people present glowing with joy because their friends had just been legally married.  Trans people have often complained that so much community energy is being focused on marriage equality, while little is focused on access to transition services, or on the needs of those who don't identify with the gender binary, or on the violence directed at visibly trans people.  I didn't want to sound grumpy in a year where a significant victory was being celebrated.  But if my wife gets harassed for just trying to pee, that's going to put a serious damper on our family's LGBT+ celebration.

Next year, I want to see both clearly identified gender inclusive facilities available at Milwaukee's PrideFest, and an active ally network helping to ensure that all people--most especially trans women--are able to use the bathroom that feels most affirming for their identity.  I want a community that commits to calling out people at the event who marginalize those with less privilege than they have, because they are trans, or a person of color, or fat, or wearing a fursuit, or whatever their marginalized difference.  And I want that to be the case at Pride celebrations everywhere.

Let's all step up to try to make it so.