The governor’s desk received a bill on Friday prohibiting trans Utahns from using restrooms and locker rooms in public places like public schools. Gov. Numerous questions about Spencer Cox’s willingness to sign the bill have so far gone unanswered by his office.
The Senate made two significant back-and-forth changes and passed the bill 21-8 during floor time on Thursday morning, two weeks after the introduction of Morgan Republican Rep. Kera Birkeland’s HB257, “Sex-based Designations for Protection, Anti-bullying, and Women’s Opportunities.” All Democrats voted against it, with two Republicans joining them.
The Senate’s version of the bill was initially rejected by the House, and on Friday at noon, lawmakers convened a conference committee.
In asking the House to reject the changes, Birkeland stated that “there were just a few technical errors that were made,” adding that additional amendments “will help add clarity to an already complicated, nuanced bill.”
Many of the same legislators who opposed the bill earlier in the process voted against it as a result of changes that the Senate and House approved on Friday.
The bill did reclassify Utahns according to the sexual organs they were born with, changing the state’s statutory interpretations of “female” and “male.” It designates a “women’s bathroom” and a “men’s restroom” as separate areas that are “designated for the exclusive use” of men and women, respectively.
The bill prohibits transgender individuals from using locker rooms, showers, and changing rooms in government-owned and operated facilities that are in line with their gender identity. Public schools would also be subject to the restrictions. If they had both base reassignment, a pricey and invasive procedure, and changed their birth certificate, which is legally impossible for people born in some states, some transgender individuals would be permitted to enter gender-specific areas under certain conditions.
Cox has not stated his position on the bill, but during his State of the State address, he appeared to speak favorably of some parts of it, saying that the Legislature has a chance this session to “[provide] more opportunities for women and girls.”
On the following Saturday of the session last month, he signed a law prohibiting gender-affirming treatment for transgender children. He did, however, veto a bill that Birkeland introduced in 2022 that forbade transgender women from taking part in school sports events that were consistent with their gender identity. The legislation is entangled in court because the Legislature overrode the veto.
The bill’s Senate sponsor revealed to reporters on Wednesday that he and the House sponsor had much interaction with the governor’s office during the process of drafting the policy. The governor’s office has gotten involved in the process, according to House Speaker Mike Schultz, and they have had “hourly” meetings.
According to the Utah Constitution, the governor has 10 days to decide whether or not to sign a bill. In the absence of a decision, the bill becomes law.
