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In 1887, the Massachusetts legislature introduced and enacted a law that mandated the separation of bathrooms by sex.[1] While there existed separate restrooms for males and females prior to 1887, this was the first law of its kind. The provision, titled “An Act To Secure Proper Sanitary Provisions In Factories and Workshops,” called for suitable and separate restrooms for females in the workplace.[2]

The separation of bathrooms by sex in the United States was influenced by a number of factors. A combination of Victorian Era morals and concerns over public health fueled the desire to create separate toilet facilities. These Victorian Era morals of the 19th century held women accountable for being virtuous and modest, as well as cast them into the role of homemakers, mothers, and wives. As a consequence, men and women were placed into separate spheres: the former occupied the public (such as the workplace), whereas the latter were assigned to the private sphere (the home).[1] The Industrial Revolution, paired with the emergence of new technology and a booming economy, began to draw women out of the home and into the workplace– as a result, women began to enter the public sphere, a domain that was previously occupied by men. This was a cause for concern for Victorian regulators– they deemed the public dangerous and held the view that women, their morality, and their privacy were at stake by the “predatory” male; they pushed for separate restroom facilities for women in order to protect their reputation and well-being.[3]  

The presence or absence of public toilets is a reflection of its society’s class inequalities and social hierarchies. For instance, the lack of public toilets for women reflects the exclusion of females from the public sphere. Until 1992, U.S. female senators had to use restrooms located on different floor levels than the ones they were working on, a reflection of their intrusion in an all-male profession.[4] Until a bathroom for them was built, their presence and admittance into this professional field was not welcome.

Anonymous sex[edit]

Before the gay liberation movement, public toilets were amongst the few places where men too young to get into gay bars could meet others who they knew for sure to be gay.[5] Many, if not most, gay and bisexual men at the time were closeted, and there were almost no public gay social groups for those under legal drinking age.[6] The privacy and anonymity provided by public toilets made them a convenient and attractive location to engage in sexual acts then.

Sexual acts in public toilets are outlawed by many jurisdictions (e.g. the Sexual Offences Act 2003 in the UK).[7][8][9] It is likely that the element of risk involved in cottaging makes it an attractive activity to some.[10][11]

One particular study conducted on gay anonymous sex in public restrooms made waves amongst the field of education and LGBTQ community. Laud Humphrey's Tearoom Trade, published in 1970, was a sociological analysis and observance between the social space public restrooms offer for anonymous sex and the men–either closeted, gay, or straight– who sought to fulfill sexual desires that their wives, religion, or social lives couldn't.[12] The study, which was met with appraise on one side due to its innovation and criticism on the other end due to having outed "straight" men and risked their privacy, brought to light the multidimensionality of public restrooms and the intricacy and complexity of homosexual sex amongst self-identifying straight men.

  1. ^ a b Kogan, Terry (2010). "7 Sex Separation". In Molotch, Harvey (ed.). Toilet. NYU Press.
  2. ^ Massachusetts. “1887 Chap. 0103. An Act To Secure Proper Sanitary Provisions In Factories And Workshops.” (1887): n. pag. archives.lib.state.ma.us. Web. 25 Apr. 2017.
  3. ^ More, Alex. “Coming Out of the Water Closet: The Case Against Sex Segregated Bathrooms.” Texas Journal of Women & the Law 17.2 (2008): 297–315. Print.
  4. ^ Plaskow, Judith. “EMBODIMENT, ELIMINATION, AND THE ROLE OF TOILETS IN STRUGGLES FOR SOCIAL JUSTICE.” CrossCurrents 58.1 (2008): 51–64. Print.
  5. ^ Prejudice and Pride: Discrimination Against Gay People in Modern Britain by Bruce Galloway; Published by Routledge, 1983; ISBN 0-7100-9916-9, ISBN 978-0-7100-9916-7.
  6. ^ David Northmore (11 April 1998). "Finding private passion in a public place; Why is it that some gay men go in search of sexual encounters in lavatories?". The Independent.
  7. ^ Galop.org.uk, Cottaging and cruising: your safety, your rights and the law.
  8. ^ Kingston Hospital NHS Trust, Sex and the law.
  9. ^ Sexual Offences Act 2003, part 1, paragraph 71,
  10. ^ Public Sex/gay Space by William Leap; Published by Columbia University Press, 1999; ISBN 0-231-10691-2, ISBN 978-0-231-10691-7.
  11. ^ Kirchick, James (1 November 2009). "Cruise Control". The Advocate. Retrieved 22 October 2009.
  12. ^ Humphreys, Laud (2011). Tearoom Trade: a study of homosexual encounters in public places. Transaction Publishers. ISBN 978-0-202-36942-6.