Following lengthy debate between staff and lawmakers to handle contentious issues, the Utah Legislature on Friday approved a trans bathroom bill.
Senate changes to HB257 were immediately rejected by the House, but they quickly passed through both chambers after a flurry of back-and-forth adjustments. Following the House vote, individuals from both chambers met in a conference to settle differences between the two systems.
A fifth substitute version of HB257, which bill sponsor Rep. Kera Birkeland, R-Morgan, said makes it “extremely clear” that students cannot be charged simply for using a restroom that doesn’t align with their sex designation at birth, was adopted and approved by six lawmakers before being adopted.
Birkeland stated, “We never wanted any child to be given a criminal record simply for using the restroom.”
After overturning earlier changes to restore limitations on transgender people using facilities that don’t match their sex classification at birth, lawmakers on Thursday approved HB257. Only government-owned structures are covered by the expenses; private businesses are not.
Sen. Dan McCay, R-Riverton, the floor sponsor, was more forceful on Friday, saying that transgender people shouldn’t use a restroom that is different from their sex at birth, despite the fact that he had previously criticized the lack of enforcement for laws prohibiting them from using restrooms that don’t match their gender identity.
They should consider a non-gender-specific question if there are any, he advised.
If someone enters a changing room or locker room that does not fit their identity without first undergoing gender-related procedures and changing the sex on their birth certificate, they will be charged with criminal trespass. If someone uses a restroom, they may be subject to harsher penalties for voyeurism, lewdness, or loitering if the area doesn’t match their sex designation.
On January 24, 2024, there was a sign for the bathroom at the Utah Capitol in Salt Lake City.
Deseret News, Megan Nielsen
McCay did not go so far as to say that someone would be charged just for using the room against the law, but rather that they do so at their own risk.
“You are putting yourself at greater risk by using a restroom that is inconsistent with your… birth gender,” he warned. “I believe that’s the best way for everyone to approach it and ask, ‘How do I avoid risk?'”
The largest LGBTQ organization in the state, Equality Utah, thanked legislators for making sure that kids in schools wouldn’t be charged with crimes in a statement released Friday afternoon, but it stated that it did not support the bill overall.
“These are the problems that we brought up and urged lawmakers to address. We appreciate their promptness,” the firm said. “We continue to support the idea that transgender Americans should be free to use public restrooms and other services. We apologize for the anxiety and distress that many people in the neighborhood are feeling as they read these bills. Throughout the period, we will continue to meet with lawmakers to advocate on their behalf.”
Increased privacy for women in restrooms is essential, according to the bill’s proponents, but detractors argue that a plan should place more emphasis on behavior than gender identity.
When questioned about why the bill restricts access to restrooms for trans people more than merely criminalizing inappropriate actions there, McCay replied to KSL.com, “I think the most important element for all of this is trying to look at the greater community, everyone here, and trying to come up with a plan that matches everyone’s interest.” “I have spoken with a lot of women who don’t want to be confronted in the bathroom by men who resemble men or who actually look like women.”
McCay stated that “the government has to pick a line somewhere eventually.” “Nobody enjoys doing it, and I wish we weren’t having this discussion, but here we are.”
Deseret News, Laura Seitz
The Democrat caucus “may continue to advocate better public policy,” according to Senate Minority Leader Luz Escamilla, D-Salt Lake City, and she pledged to continue advocating for LGBTQ Utahns. She suggested that if citizens are dissatisfied with the results, they should participate in the upcoming 2024 elections.
“This is not finished. There will be another program next year as part of public policy and how things operate,” she said.
Before the bill’s votes were cast on Friday night, House Republicans gathered in a conference to discuss their position. House leadership did not intend to introduce changes to the bill before it was introduced, according to House Speaker Mike Schultz, R-Hooper, who also stated that the caucus was addressing a few technical issues.
In reference to another contentious act that forbade trans girls from participating in high school sports and was greatly amended only
hours before nightfall on the last night of the 2022 session, he acknowledged that lawmakers “made a mistake two years ago.”
Speaking of the hasty recent bill changes, Schultz remarked, “That’s the beauty of doing it first in the period.”
On Friday, HB257 advanced through the House 58–16 after passing the Senate 20–8. Sens., two Democratic lawmakers Todd Weiler and Daniel Thatcher, both of West Valley City, joined the criticism of all Democrats. The only Republicans to vote “nay” in the House were Reps. Anthony Loubet and Marsha Judkins, both of R-Provo.
The governor will then sign the bill at his desk. Gov. Spencer Cox has previously expressed support for the plan, especially a clause that calls for more single-stall or mixed restrooms in newly constructed government buildings. However, his office declined to discuss the governor’s proposed changes to the bill.
Both Schultz and McCay claimed to have spoken with Cox and that they hadn’t heard any significant worries.
According to McCay, “I’m very confident that we’ve gotten the plan to where it needs to be for the state.”
