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2016 presidential candidates on transgender restroom access

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This page was current as of the 2016 election.

See what the2016 candidates and their respective party platforms said about transgender rights and transgender restroom access below.

Interested in reading more about the 2016 candidates' stances on issues related to transgender restroom access? Ballotpedia also coverstransgender restroom access laws in the U.S. and what the candidates said aboutLGBTQ rights.

OVERVIEW OF CANDIDATE POSITIONS
  • Hillary Clinton applauded President Obama for taking action on the issue of transgender rights and said she was committed to protecting transgender rights and ending discrimination against the transgender community.
  • Donald Trump initially said transgender individuals should use the restroom they believe is appropriate, but later said the states should decide this issue and that they would "do the right thing."
  • Jill Stein urged opponents of North Carolina's House Bill 2 to fight to repeal it.
  • Gary Johnson said he would have vetoed House Bill 2 if he were governor of North Carolina.

    • Democratic candidate

    Democratic Party Hillary Clinton

    caption
    • After the Obama administration issued guidance directing public schools to allow transgender students to use restrooms matching their gender identity on May 13, 2016,Clinton spokeswoman Xochitl Hinojosa toldThe Washington Post, “Hillary Clinton applauds the Obama administration for taking actions this week to stand up for the rights of LGBT people–and particularly for the rights of transgender people–across the country.” She continued, “As president, she will fight to make sure all Americans can live their lives free from discrimination.”[1]
    • After North Carolina Gov.Pat McCrory (R) signed House Bill 2 into law on March 24, 2016, Clinton tweeted, “LGBT people should be protected from discrimination under the law—period.”[2]
    • On Clinton's campaign website, the candidate described her commitment to protecting transgender rights: “We must do more to end discrimination against the transgender community. Hillary believes no one should be held back from fully participating in our society because of their gender identity. As secretary of state, Hillary made it possible for transgender Americans to have their true identity reflected on their passports. As president, she will work to protect transgender individuals from violence by directing the government to collect better data regarding crime victims and seeking to improve reporting of hate crimes; streamline identity documents to remove barriers to transgender Americans changing their gender marker on identification documents; and invest in law enforcement training focused on fair and impartial policing, including in interactions with LGBT individuals. Hillary will invest in law enforcement training that focuses on issues such as implicit bias, use of force, and de-escalation, as well as fair and impartial policing including in their interactions with the LGBT community, in particular transgender individuals. It will also focus on educating police officers on correctly identifying bias-motivated crimes.”[3]
    • Read more of Hillary Clinton's public statements on LGBTQ issues.
    The 2016 Democratic Party Platform on transgender rights
    “Guaranteeing Lesbian, Gay, Bisexual, and Transgender Rights

    Democrats applaud last year’s decision by the Supreme Court that recognized that LGBTpeople—like other Americans—have the right to marry the person they love. But there is stillmuch work to be done. LGBT kids continue to be bullied at school, restaurants can refuse toserve transgender people, and same-sex couples are at risk of being evicted from their homes.That is unacceptable and must change. Democrats will fight for the continued development ofsex discrimination law to cover LGBT people. We will also fight for comprehensive federal nondiscriminationprotections for all LGBT Americans, to guarantee equal rights in areas such ashousing, employment, public accommodations, credit, jury service, education, and federalfunding. We will oppose all state efforts to discriminate against LGBT individuals, includinglegislation that restricts the right to access public spaces. We support a progressive vision ofreligious freedom that respects pluralism and rejects the misuse of religion to discriminate. Wewill combat LGBT youth homelessness and improve school climates. We will support LGBTelders, ensure access to necessary health care, and protect LGBT people from violence—including ending the crisis of violence against transgender Americans. We will also promoteLGBT human rights and ensure America’s foreign policy is inclusive of LGBT people aroundthe world.[4]

    		”
    —2016 Democratic Party Platform[5]

    Republican candidate

    Republican Party Donald Trump

    caption
    • Before a campaign event in Raleigh, N.C., on July 5, 2016, reporters backstage askedTrump if he supported HB 2, the North Carolina law that prohibits transgender individuals from using a bathroom that does not match their gender at birth, or if he thought the state should make changes to it. Trump replied, "I'm going with the state. The state, they know what's going on. They see what's happening and generally speaking I go with the state on things like this." Later during his appearance, Trump told supporters that he would be “better for the gay community” thanClinton.[6][7]
    • During an appearance onJimmy Kimmel Live on May 25, 2016, Trump refused to take a stance on the transgender restroom issue and told Kimmel, “Let the states decide.” When Kimmel pressed Trump for his personal opinion, Trump said only, “I think the states will do the right thing.” Asked what the right thing is, Trump said, “I don’t know yet. I mean, I don’t know.”[8]
    • After saying that transgender individuals should "use the "bathroom that they feel is appropriate," on April 21, 2016, Trump told Fox News hostSean Hannity later that day that while he disagrees with the law, he believes North Carolina had a right to enact it. “I think that local communities and states should make the decision,” Trump said. “And I feel very strongly about that. The federal government should not be involved.” Trump also told Hannity that states should “absolutely" be able to decide whether to implement such a law.[9]
    • Discussing the North Carolina law that prohibits transgender individuals from using a bathroom that does not match their gender at birth during a town hall event on NBC'sToday on April 21, 2016, Trump said, "There have been very few complaints the way it is. People go. They use the bathroom that they feel is appropriate." Trump continued "There has been so little trouble. And the problem with what happened in North Carolina is the strife and the economic -- I mean, the economic punishment that they're taking."[10]
    • Referring to businesses that have canceled expansions in North Carolina because of the law, Trump also said, "Leave it the way it is. North Carolina, what they're going through with all the business that's leaving, all of the strife -- and this is on both sides. Leave it the way it is."[10]
    • On August 17, 2015, MSNBC asked Gregory T. Angelo, executive director of the pro-LGBT Log Cabin Republicans, if it was safe to call Trump 2016’s most LGBT-friendly Republican. He responded, “I think that might be going a little overboard.” Angelo added: “It’s important to point out that Trump is not the first GOP Republican candidate to say he supports nondiscrimination protections for LGBT individuals.” Angelo was referring to former presidential candidateJeb Bush, who said he didn’t think people should be discriminated against because of their sexual orientation. “Period. Over and out,” Bush said.[11]
    • In an interview withThe Brody File on April 12, 2011, Trump was asked whether he supported civil unions. Trump replied, “First of all, I live in New York. I know many, many gay people. Tremendous people. And to be honest with you, as far as civil unions are concerned, I haven't totally formed my opinion. But there can be no discrimination against gays.”[12]
    • In his 2000 political manifesto, “The America That We Deserve,” Trump outlined his dream of an America free of “racism, discrimination against women, or discrimination against people based on sexual orientation.”[13]
    • Read more of Donald Trump's public statements on LGBTQ issues.
    The 2016 Republican Party Platform on transgender rights

    The 2016 Republican Party Platform does not mention transgender rights or transgender restroom access.[14]

    Green candidate

    Green Party Jill Stein

    Jill-Stein-circle.png
    The 2016 Green Party Platform on transgender rights
    “Civil Rights and Equal Rights

    5. Sexual Orientation and Gender Identity

    In keeping with the Green Key Values of diversity, social justice and feminism, we support full legal and political equality for all persons, regardless of sex, gender, sexual orientation, or gender identity, characteristics, and expression.

    a. The Green Party affirms the rights of all individuals to freely choose intimate partners, regardless of their sex, gender, gender identity, or sexual orientation.

    b. The Green Party recognizes the equal rights of persons who identify as gay, lesbian, bisexual, intersex, trans-sexual, queer, or transgender to housing, jobs, civil marriage, medical benefits, child custody, and in all areas of life including equal tax treatment.

    c. The Green Party will be inclusive of language in local, state and federal anti-discrimination law that ensures the rights of intersex individuals and prohibits discrimination based on gender identity, characteristics, and expression as well as on sex, gender, or sexual orientation. We are opposed to intersex genital mutilation.

    d. The Green Party affirms the right of all persons to self-determination with regard to gender identity and sex. We therefore support the right of intersex and trans-gender individuals to be free from coercion and involuntary assignment of gender or sex. We affirm the right of access to medical and surgical treatment for assignment or reassignment of gender or sex, based on informed consent.

    e. We will pursue legislation against all forms of hate crimes, including those directed against people who identify as lesbian, gay, bisexual, queer, transgender, and inter-sex. Offenders must pay compensation to the LGBTIQ people who have suffered violence and injustice.

    f. The Green Party will end all Federal military and civilian aid to national governments whose laws result in the imprisonment or otherwise bring harm to citizens and residents based on sexual orientation, or gender identity, characteristics, and expression.

    g. The Green Party will enact a policy that the U.S. Government recognize all international marriages and legal equivalents, such as civil unions, in processing visitor and immigration visas.

    h. The Green Party would end security surveillance and covert infiltration of organizations that promote equal rights on the basis of sexual orientation and gender identity.[4]

    		”
    —2016 Green Party Platform[17]

    Libertarian candidate

    Libertarian Party Gary Johnson

    Gary-Johnson-(New Mexico)-circle.png
    • In a phone interview withProCon.org on June 14, 2016, Johnson said, "If I would have been Governor of North Carolina I would have vetoed the legislation [HB2]. In my veto message I would have said this is an issue that has existed forever and for those involved they have been dealing with it and I'd just like to leave it to them to continue to deal with it. North Carolina of course is taking the wrath of the country, as deserved I think, for having signed that legislation."[18]
    • Read more of Gary Johnson's public statements on 2016 campaign issues.
    The 2016 Libertarian Party Platform on transgender rights
    “1.4 Personal Relationships

    Sexual orientation, preference, gender, or gender identity should have no impact on the government’s treatment of individuals, such as in current marriage, child custody, adoption, immigration or military service laws. Government does not have the authority to define, license or restrict personal relationships. Consenting adults should be free to choose their own sexual practices and personal relationships.[4]

    		”
    —2016 Libertarian Party Platform[19]

    Withdrawn candidates

    Recent news

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    See also

    External links

    Footnotes

    1. ↑The Washington Post, "Are Democrats leaning into the transgender debate?" May 13, 2016
    2. ↑The Advocate, “Clinton, Sanders Slam North Carolina’s Transphobic Law,” March 25, 2016
    3. ↑Hillary for America, “Issues: LGBT Equality,” accessed April 6, 2016
    4. ↑4.04.14.2Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
    5. ↑Democratic Party, "The 2016 Democratic Party Platform," accessed August 23, 2016
    6. ↑BuzzFeed, "Feds Ask Court To Halt North Carolina’s Anti-Trans “Bathroom Bill” Provision," July 5, 2016
    7. ↑The News & Observer, "Backstage with Donald Trump before his Raleigh speech," July 5, 2016
    8. ↑Uproxx.com, "Donald Trump Backpedals On His LGBT Bathroom Stance During His ‘Jimmy Kimmel Live’ Appearance," May 26, 2016
    9. ↑The Huffington Post, "Donald Trump Shifts Position On North Carolina Bathroom Bill," April 22, 2016
    10. ↑10.010.1Politico, "Trump: Transgender people can use whatever bathroom they want," April 21, 2016
    11. ↑Huffington Post, “Donald Trump Was Once Sued By Justice Department For Not Renting To Blacks,” April 29, 2011
    12. ↑Human Rights Campaign, “Donald Trump: Opposes Nationwide Marriage Equality,” accessed April 6, 2016
    13. ↑MSNBC, “Is Donald Trump 2016’s most LGBT-friendly Republican?” August 17, 2015
    14. ↑Republican Party, "The 2016 Republican Party Platform," accessed August 23, 2016
    15. ↑Twitter, "Jill Stein," April 25, 2016
    16. ↑Twitter, "Jill Stein," April 26, 2016
    17. ↑Green Party, "The 2016 Green Party Platform on Social Justice," accessed August 23, 2016
    18. ↑ProCon.org, "Should Transgender People Be Allowed to Use the Bathroom of Their Choice?" accessed October 18, 2016
    19. ↑Libertarian Party, "The 2016 Libertarian Party Platform," accessed August 23, 2016
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