For the fourth year in a row, the Utah Legislature is debating legislation focused on transgender individuals. This time around, it deals with which dorm rooms transgendered students can live in at the state’s public college and university campuses.
HB269, sponsored by Republican Rep. Stephanie Gricius, would prohibit transgender students from residing in a sex-designated room that aligns with their gender identity. During floor debate in the House on Jan. 28, Gricius said it's about privacy, and not singling out a certain population.
“Dorms are a place where people are particularly vulnerable,” she said. “This is a place where these students are living, they are sleeping, and by providing clear guidance and expectations for everyone from the onset, it will help ensure the rights of all people are protected.”
A transgender student would need to live in a room that matches their sex assigned at birth or opt-in for a “gender neutral” living arrangement. Under that arrangement, a transgender woman would legally be allowed to live with females. Higher education institutions, Gricius said, would need to set up the accommodation.
The proposed bill is partly in response to a situation at Utah State University that went viral on X, formerly known as Twitter, where a transgender resident assistant was assigned to an all-female dorm. Her roommate’s mother complained and the student was placed in a different room.
There would be no exception even if a transgender person has changed the gender marker on their birth certificate or has undergone a gender-affirming surgery such as a mastectomy.
Democrats fiercely oppose the bill. Rep. Doug Owens believes it could pose constitutional problems by “violating the Equal Protection Clause and federal statutes relating to discrimination on the basis of sex.”
“We're very likely signing the state up for extensive litigation over this kind of issue,” he said.
Freshman Rep. Grant Miller believes it’s inappropriate for the state to intervene when colleges already have solutions in place when roommate conflicts arise. He is concerned about unintended consequences for the transgender community and the further alienation of an already vulnerable population.
“I don't think that we need cause for concern for people who are different than us,” he said. “But I do believe we have cause for concern when a government targets a group of people without cause.”
Many Republicans spoke in favor of the bill.
Rep. Doug Fiefia, who is the father of three young girls, said the bill is not about “dividing people or choosing sides,” rather it’s about every parent wanting their children to “feel safe, secure and protected in the most vulnerable places, such as their dorm restrooms and locker rooms.”
He added it’s important to listen to those who feel like this bill further marginalizes a community and discriminates against them. However, he said the bill isn’t about discrimination.
“It's about clarity and drawing clear lines to protect our most vulnerable.”
Others, like Rep. Paul Culter, said the bill establishes an expectation of privacy.
Still, Democratic Rep. Sahara Hayes, the only open LGBTQ+ lawmaker, got emotional when speaking in opposition to the legislation. To her, it’s part of a larger pattern.
“We are so tired of being scared every year when this body meets because we don’t know how we are going to be targeted,” she said, choking back tears. “We don’t know how our loved ones and families are going to be targeted but it's starting to feel inevitable that it will happen.”
She also pushed back against lawmakers who said the legislation doesn’t do any harm because there are housing accommodations available to transgender students. The transgender USU student’s photo, email and dorm were made public without her consent. As a result, Hayes said, the school had to increase security and filter her email due to the level of threats she received.
“When I hear people say that this bill is about privacy and that it is about safety for students, it feels disingenuous to me, given how egregiously hers was being violated,” Hayes said.
HB269 passed on a 59 to 13 vote. It now goes to the Senate for consideration.
