South Africa and the Transgender Bathroom Debate: A Media-Manufactured Crisis?

Transgender rights are under siege globally. A wave of anti-trans legislation has swept across the United States, with nearly half of states enacting bans on transgender healthcare. This alarming trend mirrors a broader global backlash against transgender inclusion, fueled by right-wing groups.

Despite South Africa’s progressive legal framework, the country is not immune to this hostile climate. The recent controversy surrounding Virgin Active’s transgender bathroom policy underscores a troubling reality: transgender individuals remain highly vulnerable to discrimination and misrepresentation.

The disproportionate focus on transgender bathroom access reveals a deeper societal discomfort with trans identity. One that reflects the extent to which the rot of transphobia has taken root in online journalism.

Background and Policy Breakdown

Mambaonline has extensively reported on Virgin Active’s April 2024 policy allowing transgender individuals to use changing rooms aligned with their gender identity. The policy announcement came with a strict eligibility requirement. Only those who have undergone medical transition, as defined by Home Affairs, and legally changed their gender marker are permitted to use the changing rooms corresponding to their authentic gender.

The policy is a tremendous commitment to inclusivity by Virgin Active. Dr Jarred Martin, a senior lecturer for the Department of Psychology at the University of Pretoria, explains “Inclusive bathroom policies affirm the identities of trans people [which] can reduce the stress often associated with public restroom use”.

There are flaws with this policy, however, that present significant barriers to transgender people accessing changing rooms that align with their gender identity. The policy’s vagueness around the specific medical interventions needed for qualification is a major concern.

Moreover, the process of legally changing one’s gender marker in South Africa is notoriously lengthy and bureaucratic, with some people waiting over two years. One member of the transgender community described how they were turned away nine times from a home affairs branch in Pretoria.

This policy also excludes non-binary individuals, as the government’s proposed “X” gender marker has yet to be implemented. Additionally, transgender individuals who are unable to start or complete medical transition, or those facing delays in the legal gender change process, are disproportionately affected by the restrictive policy.

We contacted Planet Fitness, another major gym chain in South Africa, which has previously been embroiled in discrimination controversies, to inquire about its similar policies. We did not receive a response.

This policy change should have been a non-story or, if it were a story, focused on the challenges it poses or how organisations can build upon this progressive momentum. However, digital media outlets immediately latched onto the innocuous policy change and churned out inflammatory headlines that capitalised on the outrage economy surrounding transgender women.

Media Sensationalism and Transphobia

An examination of media coverage surrounding Virgin Active’s inclusive bathroom policy reveals a troubling trend: sensationalist reporting that prioritises controversy over balanced representation. While some outlets attempt a more nuanced approach, the majority fixate on the negative backlash. This creates a distorted view, neglecting the existence of counterarguments or the potential benefits of the policy.

Transgender identity is frequently misrepresented through the selective use of social media and inflammatory language. Some articles highlight tweets that demonise transgender women as “mentally ill sexual predators” or perpetuate the myth that they pose a threat to women’s safety. This fuels transphobia and ignores the legitimate needs of transgender individuals to use facilities corresponding to their gender identity.

A closer look at the reporting shows a one-sided narrative. The focus on responses from X users (formerly Twitter) creates an echo chamber. The question of gender-inclusive policies cannot be viewed in the vacuum of the user base of a social media site that has begun to skew heavily towards the side of transphobia and conservative totalitarianism. Such an approach overlooks the general public’s indifference, amplifying cherry-picked tweets built upon political outrage.

Unpacking the Outrage Economy

Take a closer look and we can see the underlying mechanisms of the outrage economy whirring away. Alison Phipps coined this term to describe the way provocateurs on social media use outrage to gain attention and build a brand. In the media analysed, we see a manifestation of this “outrage media,” typically associated with the political right.

These stories are hyperbolic reinterpretations of minor policy changes. Cisgender women are viewed as virtuous and innocent and must be protected at all costs from the “evil” trans women. The dog whistle of “men entering the bathrooms” is flimsily dangled by commentators, despite studies showing that trans-inclusive bathrooms are linked to public safety.

“Gender-inclusive bathrooms offer a safer and more welcoming environment by removing the need to conform to binary gender norms, which can often result in discomfort or harassment for trans as well as cisgender and gender diverse individuals,” says Dr Martin. He additionally pointed out that while fears of violence in public spaces are valid, we should not project those concerns onto transgender people who are also at risk of violence.

Furthermore, a brief survey of South African crime statistics shows that a bathroom policy in a highly exclusive gym (most South Africans cannot afford the lowest of Virgin Active’s fees) is not going to stop men from raping women.

The Script of Media Transphobia

Without being a fly on the wall in editorial rooms, we will never know the decision-making that goes on when editors approve headlines like “Shock as Virgin Active lets trans members choose change rooms”. However, it does seem clear that news outlets, particularly those reliant on ad revenue, utilise sensational headlines and inflammatory language to convert a non-issue into a click-generating firestorm.

Within this model, transmission rather than discussion is the order of the day. The script for the outage economy is simple: say something outrageous, wait for outrage to build, claim victimhood, and capitalise on the resulting platform. While media organisations may not follow all steps, the commentators they amplify often employ this strategy.

In the context of anti-trans bathroom rhetoric, any critique is framed as misogyny. You want to hurt women if you dare to support gender-inclusive bathrooms. It’s a space where politics can be dressed up as content but strip away the veneer and you’re left with the leering face of transphobia. Headlines like “‘Males’ in female steam rooms” are concocted to maximise their rage-bait quality.

While outrage can be a valuable tool for social change, its effectiveness has diminished in the age of communicative capitalism. Both progressive and reactionary movements have historically relied on outrage as a cathartic expression of moral indignation. It serves as a collective release and allows us to assert our values in the face of injustice.

However, the sheer abundance of outrage in today’s digital landscape has diluted its impact. Outrage statements often become performative rather than substantive, lacking the depth and nuance of meaningful discussions. This can lead to the weaponization of outrage for political gain, undermining its potential for positive change.

Often, it seems like we are constantly outraged or expected to be outraged, and in the face of issues like GBV, load-shedding, and the deterioration of our constitutional democracy, that outrage can often me misplaced.

Instead of directing rage at failing state organs, like Home Affairs, or the ransacking of our national treasury through outlandish parliamentary salaries, that anger gets directed at the marginalised. At the trans woman who just wants to use the changing room in peace. Or the trans boy who wants to wear a gender-affirming swimming costume at school. Trans people are rendered monstrous by media outlets struggling to focus their outrage at a failing political system.

 

Cassandra Roxburgh is a non-binary writer who has written for News24, Mail and Guardian, Minority Africa, and Yes Magazine. When fae isn’t writing about queer issues, fae can be found jumping behind DJ decks as the founder of Emo Night South Africa, trail running, or scaling fake boulders in a climbing gym.

---

This article was made possible with the support of the Other Foundation. The views expressed herein do not necessarily represent those of the Other Foundation. www.theotherfoundation.org.

©2024 MambaOnline. This article is licensed under a Creative Commons Attribution-NoDerivatives 4.0 International License. You may republish this article, so long as you credit the authors and MambaOnline, and do not change the text. Please include a link back to the original article.