After sailing through committee, the Utah House has passed a bill that restricts which bathrooms and locker rooms transgender people can use on a 52-17 vote. Three Republicans joined all Democrats in the vote against.
On the floor, some representatives questioned its effectiveness and highlighted the potential dangers associated with the legislation.
HB257, sponsored by Republican Rep. Kera Birkeland, requires transgender youth and adults to use unisex or single-occupancy bathrooms in government and state-funded buildings, including schools, county buildings and domestic violence shelters. The bill would also require the construction of more single-use stalls and uni-sex bathrooms in state-funded facilities.
“This bill doesn’t target one specific group,” Birkeland said on Friday, Jan. 19. “It creates privacy for every Utahn.”
Democratic Rep. Sahara Hayes, the only open LGBTQ+ legislator, gave an emotional speech expressing that the bill is “regulating and restricting trans people's ability to exist in public spaces in our society,” for a population that already experiences a “disproportionately high risk for suicide and depression.”
“We are sending messages that people can be criminals for existing in bathrooms,” Hayes said. “And I don't know what that says to LGBTQ and to transgender Utahns who have just as much of a right to be here as everybody else when we imply that we don't even trust them to pee in public. That's a problem.”
The vast majority of House Republicans supported the bill. Rep. Cheryl Acton echoed the comments of the bill’s sponsor. She said the legislation is “reasonable accommodations” and “augments peace of mind.”
“This would be for women, especially in locker rooms, in homeless shelters and domestic violence shelters, women who are incarcerated to know that they have a safe place,” she said. “Many of these women in some of these facilities have been traumatized in the past, and being around other women in a secure environment is reassuring to them.”
Rep. Anthony Loubet was one of the three Republican lawmakers who voted no on the bill. In a statement to KUER, he said he recognizes the sensitive nature of the topic and appreciates “the hard work that Rep. Birkeland has put into her bill.” However, he needed to “make sure it didn’t negatively impact” his district, which covers the west side of the Salt Lake Valley. He also had “some unresolved concerns and questions.”
“I couldn’t, in good conscience, vote for and support the bill at this time,” he said. “In our democratic process, diverse opinions and perspectives are essential for robust decision-making. I respect the varying viewpoints within our legislative body and am open to constructive dialogue on this issue.”
The only exception in the bill that relates to transgender people is if they have updated their birth certificate to match their gender identity and completed gender-affirming surgery.
The bill now moves to the Senate.
HB257, like the bill pushing against diversity, equity and inclusion programs, has raced through the legislative process during the first week of the 45-day session. It mirrors a similar pace set last year, where lawmakers introduced, debated and passed two hotly contested bills related to transgender youth health care and school vouchers. Both bills were also quickly signed into law by Gov. Spencer Cox.
