Utah imposes restrictions on bathroom use by transgender people

The news

Utah will ban transgender people from using bathrooms in public schools and government buildings that match their gender identity, after Governor Spencer Cox signed a bill into law The restrictions will be imposed on Tuesday.

Background

The bill, House Bill 257, which passed the Legislature last week, imposed sweeping restrictions on transgender people.

Under the bill, also known as Sex-based markers for privacy, anti-bullying, and opportunity for womenTransgender people can only use bathrooms that match their gender identity if they can prove that they have undergone gender confirmation surgery and had the gender changed on their birth certificate.

In public schools, students can now only use a bathroom, shower room or locker room that corresponds to their gender at birth, with some exceptions. For government buildings, including state universities, the restrictions only apply to showers and locker rooms.

Violators could be charged with loitering, and government agencies could face fines if they don't enforce the new rules. The state auditor will be required to establish a process to receive and investigate reports of violations.

The legislation also limits the definitions of 'male' and 'female', basing them on a person's biological reproductive system. Opponents of the bill say these designations apply specifically to cisgender people and exclude those who identify as non-binary.

Governor Cox, a Republican, has taken mixed positions on transgender rights legislation.

In 2022, Mr. Cox vetoed a bill that would have barred young transgender athletes from competing on girls' and women's sports teams, which was overridden by the state legislature. But last year he signed a bill that blocked minors from access to gender transition care.

Why it matters

This is the first legislation this year that focuses on the right of transgender people to use the bathroom of their choice, the newspaper said Campaign for human rights.

Dozens of other states are considering bills that would restrict bathroom access for transgender people, according to the non-profit Trevor Project. Currently, several states, including North Carolina, Iowa and Alabama, have such bans.

The Utah bill is part of a national wave of laws aimed at restricting the rights of transgender people. Last year, at least 20 states passed bans or restrictions on gender-affirming medical care for minors.

What supporters and critics of the bill are saying

In a statement, Governor Cox said, “we want public facilities that are safe and accommodating for everyone and this bill increases privacy protections for everyone.”

Rep. Kera Birkeland, a Republican who wrote the bill, said on X that the measure was intended to protect women and girls from male perpetrators who go to the bathroom to harm them under the guise of, and “at the expense of”, transgender people.

Opponents of the bill have said there is no evidence of such incidents. Ms. Birkeland countered that she had seen several police reports involving bad actors.

'Let's be clear: sexual violence knows no boundaries' Mrs. Birkeland wrote. “Keeping men out of women's space is an appropriate and much-needed boundary”

LGBTQ rights advocates say the legislation is harmful. Marina Lowe, policy director for Equality Utah, said the bill gives public license to judge a person's gender identity based on appearance, which is “troubling.”

Salt Lake City officials have opposed so does the ban, because it contradicts and undermines the state's commitment to embracing diversity.

But critics have said some provisions of the bill are positive changes.

The legislation codifies Title IX, which prohibits sex discrimination in school sports. It also requires new government buildings to have single-occupancy bathrooms and asks the government to explore building more such bathrooms in already existing facilities. And schools are required to create a “privacy plan” for students who do not feel comfortable using group bathrooms because of their gender identity or fear of bullying.

Nevertheless, Ms Lowe expressed her concerns about the new law and the impact it would have on the transgender community.

“That's really harmful to everyone,” she said. “It's not theoretical, it happens.”