SALT LAKE CITY – Following a lengthy debate between staff and senators to resolve issues, the Utah Legislature on Friday approved a contentious transgender bathroom bill.
Senate amendments to HB257, which the House initially rejected, were rushed through both chambers after a flurry of back-and-forth changes. Following the House vote, individuals from both chambers met to discuss differences between the two versions.
A fifth substitute version of HB257, which bill sponsor Rep. Kera Birkeland, R-Morgan, said makes it 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 briefly discussed.
After overturning earlier changes to reinstate limitations on transgender people using restrooms that don’t match their sex designation at birth, senators approved HB257 on Thursday. The bill only applies to publicly owned structures; it does not apply to private companies.
The Utah government has passed a bill requiring people to use restrooms in federal buildings and schools that correspond to their sex at birth after going back and forth between the talks. @KSL5TV twitter.com/ggvAjQOhB5
Lindsay Aerts (@LindsayOnAir) January 26, 2024
Sen. Dan McCay, R-Riverton, the floor partner, was more assertive on Friday, saying that transgender people shouldn’t use a room that is different from their sex at birth, despite previously criticizing the lack of enforcement of laws prohibiting them from using facilities that do not match their female identity.
If there are questions, he said, they should look for a non-gender-specific one.
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 that doesn’t match their sex designation, they may be charged with increased penalties for voyeurism, lewdness, or loitering.
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 bath that is inconsistent with your… birth sex,” he warned. “I believe that’s the best way for everyone to consider it and ask, ‘How can I reduce risk?'”
The largest LGBTQ organization in the state, Equality Utah, thanked legislators for ensuring that kids in schools wouldn’t be charged with crimes in a statement released Friday afternoon, but 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 responsiveness,” 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 community are feeling as they read these bills. Throughout the period, we’ll keep up our meetings with lawmakers to represent them.”
The bill’s proponents have argued that it is crucial to give women more protection in restrooms, but its detractors have countered that a policy may focus on actions rather than gender identity.
When asked why the bill restricts access to restrooms for trans people more than merely criminalizing incorrect actions in bathrooms, McCay replied to KSL.com, “I think the most important element for all of this is trying to look at the greater people, everyone here, and trying to come up with a plan that matches everyone’s interests.” “I have spoken with a lot of women who don’t want to be confronted in their bathroom by men who look like men, or men with women’s appearances but are men.”
McCay stated that “the state has to draw a line somewhere eventually.” “Nobody enjoys doing it, so I wish we weren’t having this discussion, but here we are.”
The Democrat caucus “may continue to advocate better people 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 voters are dissatisfied with the results, they should participate in the upcoming 2024 votes.
“This is still ongoing. There will be another program next year as part of people’s plan and how things operate,” she said.
Before the votes on the bills were cast on Friday night, House Republicans gathered in a conference to discuss their position. House Speaker Mike Schultz, R-Hooper, stated to reporters that the conference was addressing a few technical issues but that House leadership wasn’t planning to propose modifications to the bill before it was introduced.
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 session.”
On Friday, HB257 advanced through the House
58–16 after passing the Senate 20–8. Sens. — two Democratic lawmakers Todd Weiler, R-Woods Cross, and Daniel Thatcher, both R-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 table. Gov. Spencer Cox has previously expressed support for the plan, especially one that calls for more single-stall or mixed facilities in newly constructed government buildings. However, he declined to discuss the mayor’s proposed legislation with his office.
Both Schultz and McCay claimed to have spoken with Cox and not heard any significant concerns.
According to McCay, “I’m very confident that we’ve gotten the plan to where it needs to be for the state.”
