- Summary Points
- Utah enacts a law requiring individuals to use bathrooms matching their assigned at birth in public schools and government buildings.
- Transgender individuals can use facilities matching their gender identity if they’ve had gender-affirming surgery and changed their birth certificate.
- The law faces criticism for potentially discriminating against transgender people and for its enforcement approach.
Utah has joined a growing list of states implementing regulations on bathroom access for transgender individuals. The new law, signed by Republican Governor Spencer Cox, mandates that people use bathrooms and locker rooms in public schools and government-owned buildings that correspond with their assigned at birth. This legislation aligns Utah with at least 10 other states that have similar laws.
Under this law, transgender people can defend against complaints by providing proof of gender-affirming surgery and a change in the designation on their birth certificates. However, opponents of the legislation argue that not all transgender individuals wish to undergo surgery, and not all states allow changes to birth certificates.
The law also requires schools to develop “privacy plans” for transgender students and others uncomfortable using group bathrooms, such as using faculty bathrooms. Critics worry this could inadvertently “out” transgender children.
Governor Cox stated the law aims to create safe and accommodating public facilities for everyone, increasing privacy protections. However, the American Civil Liberties Union of Utah and other opponents criticize the legislation for perpetuating discrimination and imposing unnecessary barriers for transgender, non-binary, and gender non-conforming individuals. They argue that the legislation should focus on inappropriate behavior rather than targeting transgender residents and visitors.
The legislation could lead to trespassing charges for individuals using changing rooms or locker rooms not matching their assigned at birth under specific circumstances. Additional charges like loitering, lewdness, or voyeurism could also apply based on behavior.
The bill’s passage sparked debate, with proponents like Republican Rep. Kera Birkeland citing safety concerns, while opponents emphasize the discriminatory implications. The bill passed in the Republican-controlled House and Senate despite these concerns and opposition from organizations advocating for LGBTQ+ rights.
This development in Utah reflects the broader national conversation about the rights and treatment of transgender individuals, particularly in public spaces and institutions. The debate highlights the tension between ensuring safety and privacy for all individuals and protecting the rights and dignity of transgender people.