Haaretz: Transgender Bathrooms Are a Human Rights Struggle - and a Jewish Imperative
As Jews our responsibility is to embrace the gender identity of each individual not only in our communities but in society at large. That means repealing transphobic legislation like North Carolina's HB2.
North Carolina's controversial "Bathroom Law", which stipulates that in government buildings, individuals may only use the restroom that corresponds to the gender on their birth certificates, continues to make headlines. Proponents of the law, known officially as HB2 "The Public Facilities Privacy and Security Act," claim that it is about safety, preventing men from "claiming to be transgender" just so that they can enter a women's bathroom and invade their privacy. But over 200 local, state, and national organizations that work with assault victims claim that there is nothing to support the fears of these lawmakers. And none of the 18 states that have nondiscrimination laws that protect transgender rights has seen an increase in public safety issues because of these laws.
The fight over the law hit a tipping point when the Department of Justice determined that HB2 violates the Federal Civil Rights Act and gave North Carolina Governor Pat McCrory an ultimatum to ensure that the state would not comply with the law. North Carolina didn't budge, and instead sued the government. The Justice Department responded with a lawsuit of their own, with Attorney General Loretta Lynch describing the battle over this law as the civil rights struggle of this era.
But the fight over HB2 is more than a civil rights struggle; it's a human rights struggle. And as Jews, we have a particular imperative to treat it as such.
As Jews, we have an obligation to see each individual as made in God's image. Each individual is unique and created differently. We are not God, and therefore, it is not for us to put parameters on the divine nature or image of another person. Rather, we should honor each individual as divine, regardless of one’s gender identity. Even the rabbis of the Talmud understood that we do not live in a gender binary system. We find six different gender identities in the Talmud. This Talmudic precedent suggests that we should not only acknowledge one's gender identity, but also celebrate it.
Some Jewish institutions are starting to implement policies in line with this thinking. Last year, the Union for Reform Judaism passed a resolution that "affirms the right[s] of transgender and gender non-conforming individuals" and "urges the adoption and implementation of legislation and policies that prevent discrimination based on gender identity and expression." Similarly, the Conservative Movement's Rabbinical Assembly is in the process of voting on a resolution that affirms its commitment to fully welcoming, accepting and including people of all gender identities in Jewish life and general society. These statements understand our commitment as Jews to honor each individual. Last June, I wrote that ensuring that all can use the bathroom in our institutions "is as integral to the sacred nature of the building as is creating a transcendent prayer space."
These statements reflect an understanding of the importance of making sure that our sacred communities and sacred spaces are welcoming of everyone. But our obligation as Jews to embrace the gender identity of each individual does not end with our institutional buildings and programs. We have an obligation as Jews to build a society that is just as inclusive and accepting as the communities we set out to create.
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