Reply To: Question for y’all.

Dana Munson

DeeAnn (and all): Yes, in California any merchant or other facility which A) is open to the public and B) provides restroom facilities segregated by gender (i.e. Men/Women) must permit use of such restrooms according to the gender identity of the user. Calif. Civil Code section 87(b), if I remember correctly. The trick is establishing one’s “gender identity” if challenged (say by store security). The mechanisms aren’t 100% clear. If you are dressed and made up as a woman in public, that’s a reasonably unambiguous  statement of “gender identity.” My understanding is that many stores, as a matter of policy, simply won’t bother you in such a case. AOn the other hand, an obviously male person who, however genuine their “trans” feelings may be, walks into the Women’s restroom while dressed as a man is doubtless asking for some trouble. If you, like myself and many others here, are a transwoman who has identification showing you as a legal “F,” you cannot (legally) be denied the use of the Women’s restroom. But the law applies to places generally open to the public. A private club may not be covered by this law.  (Full disclosure: I am not a lawyer and am not trying to give legal advice. I was, however, FWIW, a litigation paralegal for 40 years prior to retirement.)

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