Utah senators approved significant changes to a transgender bathroom bill on the Senate floor on Wednesday. The bill eliminates gender-based restroom distinctions in government-owned buildings while maintaining restroom usage restrictions that don’t match an individual’s sex at birth in publicly operated changing rooms and bathrooms in public schools.
Domestic violence homes and other entities that receive governmental grants are also excluded by a substituted version of HB257, which was adopted and given initial approval by the Senate after service services expressed concern the original bill might jeopardize millions in federal funding.
The new version distinguishes between changing rooms and restrooms, according to Sen. Dan McCay, R-Riverton, the bill’s lead sponsor and alternative sponsor. The bill still mandates that in order to use a changing room or locker room that doesn’t match their sex at birth, an individual must legally change the gender on their birth certificate and have gender-related surgery.
He told his colleagues on the floor, “We want to make sure that people in Utah feel at ease in private places.”
Rep. Kera Birkeland, R-Morgan, was praised by him for her work with partners, drafting lawyers, and me. He said he was “proud of what she’s done.” I give her the kudos for doing that because I’m not always easy to work with.
As long as transgender people don’t engage in lewdness, voyeurism, or loitering, the most recent changes do not limit access for them to buildings owned or operated by the government, with the exception of public schools. When asked if McCay’s replacement only applies to people who behave inappropriately in restrooms that do not fit their designated sex, the senator was confused.
According to McCay, public schools are now required to offer transgender students privacy amenities like unisex spaces, so using the restroom there would still be restricted.
The requirement that government buildings increase the number of people’s access to single-stall or mixed facilities is also included in HB257.
Shortly before going into caucus on Wednesday, senators unveiled the alternative version of the bill, with plans to vote again on Thursday night.
Earlier versions of HB257 have been opposed by the LGBTQ rights organization Equality Utah, which stated in a news release on Wednesday that it is “pleased” to see some of the modifications but still opposes the bill. Equality Utah claimed that the replacement “continues to restrict transgender children from using the restroom in public schools that correspond with their gender identity” despite the statement’s call for the provision focusing on inappropriate behavior rather than gender identification to be a “positive development.”
According to the statement, “We are grateful to politicians for listening to our concerns and incorporating many of our calls into the new version.” Yet, we continue to be very concerned that this policy does marginalize transgender students in schools and endanger their safety and privacy.
The modifications even acknowledge that, depending on how courts rule, certain provisions of the law may not go into effect due to legal challenges. McCay is not new to having laws overturned by the courts; his nearly total abortion ban, which was passed prior to Roe v. Wade’s overturn, has been postponed while the legal system considers its validity.
When asked if he is concerned that some constituents will be dissatisfied with the most recent version of the bill, the senator responded, “What I’ve learned from the abortion debate, and what I have learned from bills that I was involved in in the past that are lightning rods for constitutional reasons. It is one thing to pass a bill — it’s totally another thing for it to take effect.”
When it comes to attempting to protect people’s safety in facilities, Senate President Stuart Adams said that this version is “just a different way of putting it” and that it is similar to the original. The followers of the original bill “should be really, really excited about the second act because I think it’s really better,” he added, pointing out the increased penalties for improper behavior in bathrooms.
Progressives in the Senate have not yet taken a position, citing a need for deeper analysis of the modifications.
Senate Minority Leader Luz Escamilla, D-Salt Lake City, told reporters, “We are eager to read it.”
Before the vote, it appeared that the Senate GOP caucus was divided on the plan. Republicans discussed the bill at their Tuesday caucus lunch meeting, according to Senate Majority Leader Evan Vickers, R-Cedar City.
Vickers stated, “We did discuss the transgender bathroom bill and had a lot of discussion about it, but we did not take any stance.” Adams is collaborating with Rep. Birkeland and others to examine prospective policy changes in order to ensure that we get it right.” We are considering some adjustments.
Democratic Senators Daniel Thatcher and Todd Weiler, both from Woods Cross and West Valley City, expressed support for the ground shifts in speeches. In earlier sessions, Thatcher has vehemently opposed legislation that would have prevented transgender girls from participating in high school sports and outlawed gender-related surgeries for children.
He claimed that although he was “prepared” to “fight this battle,” the changes gave him hope.
He said, “I want to thank you so much for this significant change.” “Removing the sexual labels associated with facilities and concentrating on behavior is a significant change, and I hope it will be sufficient to garner community support and convey the idea that we are working to address the issue rather than specifically targeting anyone.”
Weiler, who still voted “no” in a preliminary round of voting because it would be “irresponsible to vote yes on something I don’t understand yet,” said, “It looks like it’s greatly improved.”
On Thursday, lawmakers are anticipated to vote on the legislation. Prior to the bill’s approval, more changes may be made as partners continue their negotiations.
If approved by lawmakers, HB257 will be sent back to the House for consideration because the Senate changed the act that was approved late last year. Any bill that was approved by the Senate earlier in the day was set to receive House floor approval on Thursday afternoon.
