Bathroom bill

A bathroom bill is the common name for either legislation or a statute that seeks to regulate access to public facilities – particularly restrooms – by transgender individuals. Bathroom bills can affect access for an individual based on a determination of their sex as defined in some specific way – such as their sex as assigned at birth or their sex as listed on their birth certificate.[1]

One bathroom bill, the Public Facilities Privacy & Security Act in North Carolina, has been approved as a law, although a preliminary injunction has been issued to prevent enforcement of its restroom-related provisions by the University of North Carolina.

Canada

In Canada the New Democratic Party (NDP) has introduced several bills that tried to include gender identity and gender expression among the characteristics protected from discrimination and eligible to be considered in sentencing crimes motivated by hate.[2] These bills were frequently referred to as "bathroom bills" by their critics as they would have allowed transgender individuals to use the public facilities corresponding to their gender identity.

In 2009, NDP MP Bill Siksay introduced Bill C-389 to the 40th Parliament.[3] The bill was passed by the House of Commons in 2011 but was defeated by the Senate.[4]

Bill C-279, introduced to the 41st Parliament in 2011 by NDP MP Randall Garrison, was passed and sent to the Senate in March 2013.[5] In 2015, Senator Don Plett introduced three amendments to the bill, one of which exempted public washrooms and changerooms from the bill's protections.[6] The bill was also ultimately defeated in the Senate.

Garrison re-introduced the bill to the 42nd Parliament as Bill C-204.[7]

United States

In October 2016, the U.S. Supreme Court agreed to take up the case of Gavin Grimm, a trans male student who was barred from using the boys' bathrooms at his high school in Gloucester County, Virginia.[8] The U.S. Court of Appeals for the 4th Circuit had previously ruled that Grimm could use these restrooms, but the Supreme Court stayed that decision in August.[9]

Arizona

A bathroom bill was introduced in Arizona, but it failed to pass after it was withdrawn by its sponsor, John Kavanagh, in 2013.[10][11]

Florida

A bathroom bill was introduced in Florida.[12]

Kentucky

On February 27, 2015, a bathroom bill was passed in the Kentucky Senate.[13][12]

Minnesota

A bathroom bill was introduced in Minnesota in 2016.[12][14]

Nevada

On March 19, 2015, Victoria Dooling, a Nevada state representative, proposed a bathroom bill that would apply to public schoolchildren in the state.[15] It later died in committee.[16]

North Carolina

On March 23, 2016, North Carolina Governor Pat McCrory signed into law the Public Facilities Privacy & Security Act. The law states that in government buildings, individuals (such as students at state-operated schools) may only use restrooms and changing facilities that correspond to the sex identified on their birth certificates. Transgender persons born in North Carolina can obtain modified birth certificates on which their sex is different than what was originally identified at the time of their birth, but only if they have undergone sex reassignment surgery.[17] For those born in other places, the ability to change the sex listed on a birth certificate is governed by their place of birth (which may have substantially different requirements, and in some cases may not allow such changes).[17]

The bill also overturns an LGBT anti-discrimination ordinance that had been passed by Charlotte, North Carolina, prevents local governments in the state from enacting similar ordinances, and prevents cities from raising their minimum wages higher than that of the state.[18]

On August 26, 2016, a U.S. District Court judge granted a preliminary injunction, preventing the University of North Carolina from enforcing the restroom provisions of the bill.[19]

South Dakota

On February 16, 2016, the South Dakota Senate voted 20-15 to approve a bathroom bill that, had it passed, would have been the first in the country to require public schoolchildren to use facilities that match the sex they were assigned at birth.[20] On March 1, 2016, the governor of South Dakota, Dennis Daugaard, vetoed the bill.[21]

Tennessee

On April 6, 2016, the Tennessee House Education Administration and Planning Committee, which is part of the Tennessee House of Representatives, passed a bathroom bill that would apply to public schools and colleges in the state and would require students to use a restroom that corresponds with their sex as identified at birth.[1][22] The house sponsor of the bill tabled the bill for potential consideration in the next year's session.[22]

Texas

Two bills were filed in early 2015 by state representative Debbie Riddle, that would have made it a crime to enter a public restroom or locker room not designated for a person's sex assigned at birth. Two more were filed by freshman state representative Gilbert Peña that would permit a bystander to sue a transgender person who used a prohibited bathroom for up to $2,000 USD, in addition to being eligible for compensation for "mental anguish".[23] Neither bill was voted on for consideration.

Wisconsin

In November 2015, Wisconsin held a hearing on a bathroom bill to require public schoolchildren to use facilities that match the sex they were assigned at birth. According to critics, the bill would also violate the federal government's Office for Civil Rights's 2014 statement that federal nondiscrimination law covered gender identity. The following month, the bill was revised to allow public schools to offer gender-neutral bathrooms.[24][25]

References

  1. 1 2 Lopez, German (7 April 2016). "Tennessee's anti-transgender bathroom bill, explained". Vox. Retrieved 7 April 2016.
  2. ↑ Nease, Kristy (September 22, 2011). "Garrison introduces bill to protect transgender rights". Goldstream Gazette. Langford, British Columbia. p. 1.
  3. ↑ "Bill C-389 (Historical)". openparliament.ca. Retrieved April 21, 2016.
  4. ↑ Ibbitson, John (February 10, 2011). "Transgendered-rights bill headed for defeat in Tory-held Senate". The Globe and Mail. Retrieved April 21, 2016.
  5. ↑ "Commons approves transgender rights bill". CBC News. March 20, 2013. Retrieved March 26, 2013.
  6. ↑ McGregor, Janyce (February 27, 2005). "Transgender rights bill gutted by 'transphobic' Senate amendment". CBC News. Retrieved April 21, 2016.
  7. ↑ Page, Jillian. "NDP re-introduces transgender rights bill in the House of Commons". Montreal Gazette. Retrieved April 21, 2016.
  8. ↑ "Supreme Court to rule in Gloucester transgender case". WAVY TV 10. October 28, 2016. Retrieved October 29, 2016.
  9. ↑ Robert Barnes; Moriah Balingit (October 28, 2016). "Supreme Court takes up school bathroom rules for transgender students". The Washington Post. Retrieved October 29, 2016.
  10. ↑ Brodey, Sam (9 March 2015). "Get Ready for the Conservative Assault on Where Transgender Americans Pee". Mother Jones. Retrieved 7 April 2016.
  11. ↑ Gardiner, Dustin (5 June 2013). "Arizona transgender bathroom bill won't move". Arizona Republic. Retrieved 8 April 2016.
  12. 1 2 3 The Editorial Board, For Transgender Americans, Legal Battles Over Restrooms, The New York Times, July 27, 2015
  13. ↑ Wynn, Mike (1 March 2015). "Transgender bathroom bill passes Ky Senate". Louisville Courier-Journal. Retrieved 30 November 2016.
  14. ↑ Montgomery, David (2016-04-12). "'Privacy' vs. 'discrimination': Legislature debates transgender bathroom bill". TwinCities.com.
  15. ↑ Taylor, Marisa (1 April 2015). "The growing trend of transgender 'bathroom bully' bills". Al Jazeera America. Retrieved 7 April 2016.
  16. ↑ "Nevada Assembly Bill 375". Legiscan. Retrieved 8 April 2016.
  17. 1 2 Shoichet, Catherine E. (April 5, 2016). "North Carolina transgender law: Is it discriminatory?". CNN. Retrieved November 30, 2016.
  18. ↑ Graham, David A. (24 March 2016). "North Carolina Overturns LGBT-Discrimination Bans". The Atlantic. Retrieved 7 April 2016.
  19. ↑ Geidner, Chris (August 26, 2016). "Federal Judge Orders UNC Not To Enforce 'Bathroom Bill' Provision Of Anti-LGBT Law". Buzzfeed. Retrieved August 26, 2016.
  20. ↑ Steinmetz, Katy (16 February 2016). "South Dakota Could Pass 'Bathroom Bill' Affecting Transgender Students". Time. Retrieved 7 April 2016.
  21. ↑ Botelho, Greg (2 March 2016). "South Dakota governor vetoes transgender bathroom bill". CNN. Retrieved 7 April 2016.
  22. 1 2 Ebert, Joel (18 April 2016). "Transgender bathroom bill dead for year". The Tennessean. Retrieved 2016-07-18.
  23. ↑ Walters, Edgar (4 April 2015). "'Bathroom Bills' Pit Transgender Texans Against GOP". The Texas Tribune. Retrieved 23 April 2016.
  24. ↑ "Bill revised to allow gender-neutral bathrooms in Wisconsin schools". St. Paul Pioneer Press. 16 December 2015. Retrieved 7 April 2016.
  25. ↑ Beck, Molly (20 November 2015). "If passed, GOP transgender bathroom bill would be first in the nation". Madison.com. Retrieved 7 April 2016.
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