S.J. Quinney College of Law Professor Terry Kogan wrote a story in the May 26, 2016 edition of The Conversation titled, “How did public bathrooms get to be separated by sex in the first place?”
Some argue that one solution to this impasse is to convert all public restrooms to unisex use, thereby eliminating the need to even consider a patron’s sex. This might strike some as bizarre or drastic. Many assume that separating restrooms based on a person’s biological sex is the “natural” way to determine who should and should not be permitted to use these public spaces.
In fact, laws in the U.S. did not even address the issue of separating public restrooms by sex until the end of the 19th century, when Massachusetts became the first state to enact such a statute. By 1920, over 40 states had adopted similar legislation requiring that public restrooms be separated by sex.
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