Following a burst of last-minute changes to the plan and contradictory messages from politicians about what the bill truly does, the Utah Senate approved it on Thursday.
Floor sponsor Sen. Dan McCay, R-Riverton, introduced a new draft of the bill on Thursday that defines gender-specific bathrooms to exclude transgender people—a dramatic and unexpected reversal from the day before—after introducing significant changes to HB257 in the second substitute for the law on Wednesday to remove language prohibiting them from using restrooms that don’t match their designated sex at birth.
Although there are no criminal penalties or enforcement mechanisms for breaking the law, McCay’s most recent replacement goes back to earlier limitations on people using restrooms that don’t match their sex designation in government-owned buildings.
The senator said that his act accomplished the goals of the original bill, albeit “in a different way.”
“We identify what rooms are, who belongs in what bath, and how to, I suppose, qualify to be in one bath or another,” he said, rather than making this about protection. “That concept, in my opinion, makes it very clear.”
Just before the Senate started its final discussion of the bill, McCay’s replacement was made public, surprising some lawmakers and advocates. During their regular press briefing on Wednesday, the Senate leadership seemed at ease with the second replacement, despite the fact that earlier answers to questions about the policy were occasionally unclear and appeared to be at odds with what was in the bill.
In the end, the bill was approved 21 to 8, with Sens. Daniel Thatcher, R-West Valley City, and Todd Weiler, R-Woods Cross being the only Republicans who joined forces with all Democrats in opposition.
In the first two days of the regular program, HB257 was swiftly approved by both legislative chambers. The House will need to re-approve the bill after the Senate’s changes before sending it to the governor’s office.
The bill was sponsored by Rep. Kera Birkeland, R-Morgan, who claimed it was an effort to improve women’s restroom privacy. However, opponents and LGBTQ advocates have argued that it further stigmatizes the transgender community by failing to properly safeguard restroom confidentiality.
After service providers expressed concern that the bill would risk millions in federal funding by breaking federal anti-discrimination laws, McCay’s next alternative exempts federal grant recipients such as domestic violence tents and rape crisis locations. That language was used in the bill’s current draft.
Here is what the bill’s recent draft accomplishes:
- In order to eliminate transgender people, HB257 in the state code just defines both “male” and “female.” A woman’s reproductive system that is “of the common sort that functions in a way that could generate ova” is what is meant by female characteristics.
- The bill applies to changing rooms and bathrooms in government-owned facilities rather than private ones like malls, movie theaters, or grocery stores.
- A transgender person must first undergo gender-related surgery and officially change the sex on their birth certificate before entering any changing room that is designated for a different gender than the one they were assigned at birth.
- The same principle holds true for restrooms designated for sex in K–12 schools.
- The bill establishes men’s and women’s restrooms to exclude trans people; however, it does not include protection or legal penalties for violations unless a crime is committed.
- HB257 increases criminal penalties for people who, regardless of gender, commit numerous crimes in a room at the same time. If someone commits crimes while using a restroom of the opposing sex, it increases the legal charges.
- The bill mandates that more single-stall or mixed restrooms and facilities be provided in upcoming government buildings.
- The proposal would codify Title IX provisions requiring equal access to facilities for boys’ and girls’ high school sports.
