Bathroom law in PA, NY, CT and MA

[Megan.]

I'll be passing through or staying in these states (PA, NY, CT and MA) next week.

Can I confirm it's legal for me to use female gendered public bathroom facilties in all of them?

I'm pre-op (mtf), but my passport and driving license both have my new (correct) name and gender. I'd not planned to bring my birth certificate with me, but that still has my birth gender.

Thanks. X

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[Devlyn]

We're good here in Massachusetts.    https://www.mass.gov/news/governor-baker-signs-transgender-anti-discrimination-legislation

Hugs, Devlyn

[sarah1972]

Hi Megan -

GLAAD has information on CT

https://www.glad.org/locations/connecticut/

Maybe this map helps too:

https://transgenderlawcenter.org/equalitymap

[Megan.]

Cool,  thank you Devlyn and Sarah [emoji4]. X

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[elkie-t]

Generally speaking, it's up to business owner (if you go to bathrooms in any restaurant or gas station), it's a matter of state law only if you are in a public building (including rest area). As far as I know NC is the only state that demands use of public restrooms according to sex assigned at birth (even then it would be tricky for them to enforce it if your birth certificate is changed), but in practice - it's all about presentation and whether or not someone would want to challenge you. When I was driving en femme through Route 66, I stopped at bigger travel plazas mostly and ladies didn't challenge me (but a male restroom attendant in IL rest area tried - but failed because he wasn't a police officer to stop me and I got into the stall before he could physically intercept me, otherwise chances are I could've been denied access or charged with disturbance of peace or something similar).


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[elkie-t]

If your presentation is good enough (not passing 100%, but at least looking good in your preferred gender) - you won't be challenged along major traveling routes.


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[Megan.]

If your presentation is good enough (not passing 100%, but at least looking good in your preferred gender) - you won't be challenged along major traveling routes.


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I always aim to look definitively female over androgynous (just my preference), so even if I don't pass,  this will hopefully be enough! [emoji5]

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[tgchar21]

@elkie-t: I believe the NC bill does use the gender on the birth certificate in the law as the defining factor, so if you've changed your BC (unfortunately not in the OP's case) you're good to go IIRC.

[Devlyn]

Is there a single person on the planet that carries their birth certificate with them?

[elkie-t]

Is there a single person on the planet that carries their birth certificate with them?

Theoretically, they can do raids (similar to roadblocks) and ask anyone with questionable gender to prove to their satisfaction your gender and issue a ticket (fine) for failure to do it on the spot and ask to send BC by mail to get the ticket dismissed...

I also believe that as soon as they start enforcing their law, there will be a costly ACLU challenge to the state... As of now, I hope NC is in enough trouble not to call for more attention to themselves.

And any local agency could use similar tactics even without any particular law in the books (cops can always find a good reason to give you a ticket - public disturbance for instance - if you keep insisting you're female and demand to be allowed into the right bathroom). Luckily, local police agency mostly have better jobs to do than policing bathrooms.

[Rachel]

When I went to NC for hair transplants at Carolina Dermatology I put my birth certificate in my purse (I have several certified birth certificates).

Philadelphia, PA there is a law allowing you to use the bathroom of your declared gender. Law and application of the law can be two different things. I believe Pittsburg PA also has a bathroom law. The rest of the state will vary from accepting to hostile.

[Devlyn]

Is there a single person on the planet that carries their birth certificate with them?

Theoretically, they can do raids (similar to roadblocks) and ask anyone with questionable gender to prove to their satisfaction your gender and issue a ticket (fine) for failure to do it on the spot and ask to send BC by mail to get the ticket dismissed...

I also believe that as soon as they start enforcing their law, there will be a costly ACLU challenge to the state... As of now, I hope NC is in enough trouble not to call for more attention to themselves.

And any local agency could use similar tactics even without any particular law in the books (cops can always find a good reason to give you a ticket - public disturbance for instance - if you keep insisting you're female and demand to be allowed into the right bathroom). Luckily, local police agency mostly have better jobs to do than policing bathrooms.

I think it would go like this:

Authority figure: "Birth certificate,  please."

Me: "I don't think I have one, can you show me your birth certificate as an example?

<crickets>

[jill610]

I ha e not had or experienced issues in PA. Some large cities like philly expect you to use whatever facilities are consistent with your presentation. So if you are presenting as female, don't use the men's room while in Philly.

[KathyLauren]

I thought the NC bathroom bill was repealed and replaced with one that prohibited cities from issuing local anti-discrimination ordinances.  Ir did they sneak it back in after it was repealed?

[elkie-t]

Theoretically, they can do raids (similar to roadblocks) and ask anyone with questionable gender to prove to their satisfaction your gender and issue a ticket (fine) for failure to do it on the spot and ask to send BC by mail to get the ticket dismissed...

I also believe that as soon as they start enforcing their law, there will be a costly ACLU challenge to the state... As of now, I hope NC is in enough trouble not to call for more attention to themselves.

And any local agency could use similar tactics even without any particular law in the books (cops can always find a good reason to give you a ticket - public disturbance for instance - if you keep insisting you're female and demand to be allowed into the right bathroom). Luckily, local police agency mostly have better jobs to do than policing bathrooms.


I think it would go like this:

Authority figure: "Birth certificate,  please."

Me: "I don't think I have one, can you show me your birth certificate as an example?

<crickets>

Authority figure: would you allow our female officer to conduct a quick physical examination?

You: no way.

Authority figure: sorry, sir. You are not allowed to use the female bathroom.

You: I insist!

Authority figure: I am sorry, we will have to ask you to follow us to our detention facility.

You: I need to pee!

Authority figure (thinking they don't want to soil their bus): please follow our officer to this gender appropriate bathroom.

You: ...

Well, at this moment, you will have to follow the order or it's resisting police which is a violation of your own. Since you are posing an obvious danger to an officer, they might actually handcuff you and conduct a search for weapons. And after you do your business, the authority figure would issue a citation to you for intent to use a wrong bathroom and 'I wish you a safe trip, Sir'.

What I am saying, where's a will to enforce law and intimidate people, authority figures can always find a way to do so.

[Devlyn]

In any event, Megan isn't going to NC, so we should have this discussion elsewhere.

Hugs, Devlyn

[Dee Marshall]

I live in New York. No problems here legally but some parts of the state are less liberal than others and you could possibly have problems with select individuals. We don't have a positive law  here detailing transgender rights. If you'll have a cellphone available there's an app called "refuge restrooms" you can try. I've even found safe restrooms in North Carolina with it.

The spy who came in from the cold in the War Between the Sexes.

[HappyMoni]

If you act like you belong in the woman's room (because you do) I severely doubt you will have any problem Megan. That said, I always keep an eye on my surroundings. I don't tend to use truck stops for one thing.
Moni

[Megan.]

I don't give it a moments thought in the UK,  I guess I'm just a bit wary as this will be my first trip abroad as Megan.

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[Devlyn]

Or your first trip as Megan abroad, or your first trip as Megan, a broad. 

Hugs, Devlyn