A Utah lawmaker introduces a trans bathroom bill that calls for mixed restrooms

6 to 7 days is the anticipated read time.

SALT LAKE CITY- After one Utah senator introduced a bill to limit access for trans people to facilities and locker rooms in government-owned infrastructure, the issue will once again take center stage during the forthcoming parliamentary program.

Rep. Kera Birkeland, R-Morgan, told KSL.com last week that the bill also includes needs that taxpayer-funded buildings provide more mixed or single-occupant restrooms and related facilities in an effort to boost privacy for all individuals. A bill that prohibits trans women from participating in high school sports and portions of which are on hold pending the outcome of a court challenge was passed soon in the 2022 conference with Birkeland as its principal designer.

Protesters who claim that the charges excessively target an already vulnerable people have criticized lawmakers’ prior efforts on transgender issues. Equality Utah’s spokesperson stated that although the advocacy group has been in discussions with Birkeland, it is still concerned about some aspects of the coverage.

A gender-specific bathroom or locker area that doesn’t match a person’s sex is prohibited by HB257, which was made public on Thursday afternoon. This prohibition is in effect until the person has officially changed the oath on their birth certificate and “undergone… to correspond with the gender classification of the privacy space.”

Any facility that is funded by the government will have this, according to Birkeland. “Universities, of course, I agree. We want to ensure that people in schools have a clear understanding of where children should go and which facilities they may use. The room that provides everyone with the most privacy is what matters most in terms of what room they should be using.

According to different biological roles as manifested by intercourse and sexual organ anatomy, chromosomal makeup, and intrinsic hormone profiles, the bill defines an individual’s sexuality as “either male or female — at birth.”

Female characteristics are defined as a person’s biological system that is “of the standard type that functions to make ova,” while female sex characteristics include “an individual whose natural biological systems are of the generic type” that function to feed the female ovum.”

The conservative-leaning volunteer Independent Women’s Forum, which seeks to identify who can be considered a person and could have an impact on other areas of state laws that protect women by limiting them to people who aren’t transgender, appears to be the model for HB257.

According to the bill, fresh public building structure must “ensure that an adequate portion of all restrooms and showers are single-occupant facilities.” Although it doesn’t set a strict deadline for buildings to be converted, HB257 would allow for an increase of 20 % in the number of restroom fixtures currently required in code as facilities are upgraded in order to accommodate more single-occupant spaces.

If the bill is passed, Birkeland doesn’t anticipate it having a significant impact on infrastructure because she thinks the majority of state-funded services already have unisex or single-stall spaces available.

Because so many members of the LGBTQ community are already using single-occupancy bathrooms, she said, “I don’t think this will really affect anyone’s behaviors or actions in any way.” “What I hope we can do with this is make sure that those who are attempting to harm people in these services under the guise of being a part of the LGBTQ community can no longer do so because people will then feel more secure in their private.”

The act from Birkeland and Rep. Phil Lyman, R-Blanding, are still “also restricting of a bodily function that we all as human beings have to employ in,” according to Marina Lowe, plan chairman for Equality Utah, who spoke with KSL.com on Thursday.

She stated, “I will say that Rep. Birkeland has been very willing to express an accessibility to hear our fears and to speech with us, and I expect that to continue. However, we do continue to include issues with this version of the bill.

The issue of police is one of Lowe’s worries. If a woman’s privacy is violated, HB257 may trespass on their property and charge them with pornography.

There is no process that is spelled out in this bill, and I don’t understand how enforcement operates, Lowe said. “I don’t know who has the power to object to it. Does everyone want to begin carrying a delivery certificate with them to verify their use of the room?

Birkeland claimed that while using a room for “inappropriate reasons” or with the intent to harm others would be clearly illegal, the majority of people who use that bath are likely to be able to do so without being questioned.

She said, “I don’t think anyone would question what your gender is if you were using the restroom, you go in, and you mind your own business.”

She stated that she wants “people to take this seriously” and that her proposal also includes penalties for people who regularly make false accusations about one’s use of restrooms.

Lowe expressed her appreciation for Birkeland’s strategy of allowing for more single-stall and mixed restrooms rather than simply prohibiting some people from using the room they prefer, as has been suggested by comparable bathroom bills in other states.

She said, “I think that’s a really good approach.” “At the end of the day, I believe we do get complete agreement that more protection and this notion of humility for all is the solution moving forward.” I believe that everyone would like to have more protection in a altering area or room.

However, Lowe asserted that the condition will continue to scrutinize trans people even more as a result of Birkeland and Lyman’s expenses.

“Generally speaking, there aren’t many people in this population. And it probably doesn’t feel good for the Legislature to keep focusing on increasingly specific aspects of their lives year after year, she said.

Birkeland’s act contains language resembling the federal government Title IX law, which prohibits sexual harassment in education programs, in addition to the provisions on transgender people and restroom use. District plans frequently give males teams favorable time slots for games and better access to locker rooms and exercise facilities, according to Birkeland, a former high school umpire and manager.

I am the father of three children. She added, “I want them to have fantastic opportunities as well. However, what we are currently witnessing is an imbalance of that.

Birkeland stated that even though the federal law already exists, she wants to make it simpler for people to report violations and believes the Utah state will be more receptive to them.