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Utah Bill to Ban TS Students From Public Restrooms Introduced


Carolyn Marie

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Yeah, but does it allocate state funding for the schools to construct and maintain the bathrooms?? If there is money behind it, we get a little bit.

What do you really want to bet though.

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Okay, on a brief reading of the actual language of the bill, no there are no funds allocated. The bill is fairly long, as most of it pertains to replacing the term "sex" with "gender" in a fair bit of state code. The two relevant portions to this discussion are defining gender as something determined either by birth certificate or doctor examination of genitals and the section on the use of multiple-occupant bathrooms. Mods, can I post the actual language of those sections of the bill?

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  • Admin

The two relevant portions to this discussion are defining gender as something determined either by birth certificate or doctor examination of genitals and the section on the use of multiple-occupant bathrooms. Mods, can I post the actual language of those sections of the bill?

You certainly may do so.

Carolyn Marie

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Thank you, Carolyn! The relevant portions are:

882 53A-11-1501. Gender-segregated bathrooms in public schools.
883 (1) (a) "Bathroom" means a room intended for more than one occupant at a time that:
884 (i) contains a toilet or a urinal; or
885 (ii) is used by occupants to undress and dress.
886 (B) "Gender identity" means an individual's own opinion of whether the individual is:
887 (i) male;
888 (ii) female;
889 (iii) neither male nor female;
890 (iv) both male and female; or
891 (v) another designation.
892 (2) A student may not use a public school's gender-segregated bathroom if the
893 bathroom does not correspond to the student's gender.
894 (3) A school district or charter school shall make available to a student reasonable
895 alternate bathroom accommodations if:

896 (a) the student's consistently-asserted gender identity does not strictly correspond to the
897 student's gender; and
898 (B) the student requests alternate bathroom accommodations.
899 (4) A local school board or charter school governing board shall establish a policy in
900 accordance with this section.

and

1181 (9) (a) "Gender" means the either male or female phenotype designation of an
1182 individual as documented by:
1183 (i) the individual's birth certificate, if the individual has not obtained a designation
1184 under Subsection (9)(a)(ii); or
1185 (ii) a signed, written document from a physician, as defined in Section 58-67-102 , that,
1186 based on a physical examination of the individual's genitalia, designates the individual
1187 phenotypically as either male or female, if:
1188 (A) the individual does not have a birth certificate that designates the individual as
1189 either male or female; or
1190 (B) the document conflicts with the individual's birth certificate.
1191 (B) "Gender" does not mean an individual's own opinion of whether the individual is:
1192 (i) male;
1193 (ii) female;
1194 (iii) neither male nor female;
1195 (iv) both male and female; or
1196 (v) another designation.
1197 © "Gender" is defined for the purposes of state law only and does not apply to federal
1198 law.

As I said, there is nothing about providing funds for accommodations. There are 1364 lines to this bill, most of which are amending the language of various other laws with "[sex] gender".

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