According to writer Joellen Kralick for the National Conference of State Legislatures, South Dakota, Virginia, and Wyoming have all failed to pass legislation that would prevent transgender people from using whichever bathroom they feel comfortable in. However, 13 states continue to mull over possible legislation that poses a threat to efforts of progressive thinkers to accommodate transgender people who seek the ability to use the bathroom that aligns with their gender.

The common argument floating around defending bathroom use for strictly biological sexes cites the incidents in which people falsely claim they are transgender to enter a bathroom and partake in lewd acts (some incidents have included physical assault, or even rape according to Amanda Prestigiacomo of Daily Wire). The need for safety in bathrooms is imperative, so concern for abuse of progressive bathroom laws is understandable, but those concerns for safety are reciprocated by advocates of pro-trans legislation.

When transgender people enter a bathroom, they are taking a risk. Each and every time they need to simply use a public restroom, risk lies not in a threat they pose, but in the threats from fear of trans people. Rhetoric that voices concern for sex offenders to abuse gender lenient bathrooms is somewhat valid, but mostly it aims not only to overshadow the dangers a marginalized people must face, and  it also promotes misunderstanding of trans people. And if history has taught us anything, its that misunderstanding breeds fear and fear has the power to instigate horrible actions.

That being said, the aims of defending women and children against sex offenders falsely masquerading as trans people to gain admittance into a bathroom are not unprecedented. And despite the rarity of this unique tactic to take advantage of people, actions like rape, sexual assault, or any other invasion of privacy is not to be taken lightly. So too is the privacy of trans people.

According to a summary of all pending bathroom bills by the National Conference of State Legislatures, gender neutral bathrooms or access to faculty facilities are the options for transgender accommodations in most states, and some states like Alabama (Alabama Senate Bill 1) would even allow entities to post a guard at the doors of bathrooms to calm nerves about trans people sharing a bathroom with cisgender (people whose gender aligns with their birth anatomy) people. Despite these attempts at creating gender free restrooms in some states, other bills restrict one bathroom use to one biological sex. Some bills, like Kentucky’s House Bill 141 even propose that students may sue their school if they encounter a person of the opposite biological sex in the bathroom.

Legislation like that found in Alabama’s Senate Bill 1 mentioned earlier aims at easing tensions between people concerned for women’s safety and people concerned for the safety of the trans community, it still holds people back from truly accepting everyone in the community. Through use of a guard posted at the doors of gender neutral bathrooms, hopes of legislators are that concerns about sexual assault will be subdued. On the other hand, states like Texas (Texas House Bill 1362) have proposed bills that not only prohibit school districts from adopting gender neutral restrooms, but also restrict nondiscrimination acts from being passed by local governments. Despite bills like Alabama’s Senate Bill 1, there are other bills like the Texas House Bill 1362 that do not do what trans people have been fighting for, which is complete integration into society, whether that integration be through admittance into existing bathrooms or through the construction of gender neutral bathrooms.

However, that’s not possible at a time when people abuse the fear that surrounds the trans community in order to commit unrelated bad deeds. To change this, respect must be taught in place of misunderstanding. Though some bills call for gender neutral bathrooms, others justify prejudice and hatred that holds every American back, no matter their gender.