On May 13, 2016 the Obama administration issued a letter of guidance concerning the protection of gender identity in school housing, restrooms, and locker room facilities under Title IX of the Education Amendments of 1972. The letter was largely seen as a reaction to a March 2016 law passed in North Carolina, HB 2 – Public Facilities Privacy and Security Act, which limited public restroom use to one’s assigned at birth gender. On August 21, 2016, however, a Texas U.S. District judge blocked the federal government from implementing that directive, instead arguing that Title IX aimed to “protect students’ personal privacy, or discussion of their personal privacy, while in the presence of members of the opposite biological sex.” The district court applied a similar logic to HB 2 in arguing that gender identity was strictly “biological” (e.g., what one’s birth certificate says).
The district court ruling, in line with several others this year, relies on and perpetuates a number of transphobic beliefs which seem apropos to mention here, namely: a normalized definition of biological sex, the notion of trans bodies as illegible, impure, or incomplete, the forced hypervisibility of trans bodies through constant surveillance, the public fixation on genitalia as a ‘true’ indicator of gender identity, and the displacement/occlusion of responsibility for anti-trans violence. It is, in particular, the contemporary mobilization of a politics of shame, manifest through the aforementioned practices, however, that I would like to hone in on.