WA State: “Bathroom Bill”

Family Policy Institute of Washington (FPIW)

fpiw_logo Full3CLAIM: That the State of Washington Legislature has adopted a human rights rule (Washington State Register [WSR] 15-11-104) and enacted a law (Washington Administrative Code [WAC] 162-32-060) that allows men
(i.e. people who actually identify as male and present themselves socially as male) to access girls/womens restrooms and locker rooms without restriction AND that if these men decide to undress in those gender segregated spaces that girls/women who are offended by it will have no recourse but to leave the restroom.

FACT: The Family Policy Institute of Washington claim is part of a coordinated national propaganda campaign by extremist religious, far right cultural conservative and other anti-trans hate entities to misrepresent civil rights protections for transgender girls and women. The phrase “men in women’s restrooms” in ALL of its variations is extremist hate ‘code’ for transgender girls and women using gender segregated public accomodations that corresponds with their consistently expressed gender identity and gender expression.

Read WSR 15-11-104 for yourself
Read WAC 162-32-060 for yourself

Rebuttal of FPIW Statements:

1. “Schools must allow boys into the girls’ locker room if they claim to be a girl.”

THIS IS A LIE.

The wording is intended to dismiss the authenticity of transgender girls’ identity by characterizing them as boys. It intentionally twists reality by stating that under WAC 162-32-060 any boy could claim to have a female identity in order to temporarily gain access to locker rooms or restrooms for the purpose of voyeurism, sexual harassment or violence against girls.

WAC 162-32-060 states the following: (1) Facility use. All covered entities shall allow individuals the use of gender-segregated facilities, such as restrooms, locker rooms, dressing rooms, and homeless or emergency shelters, that are consistent with that individual’s gender identity.

Contrary to what the FPIW and people like Mike Huckabee (see video) might want you to believe, entering a gender segregated facility for the sole purpose of ogling or sexually harassing girls/women is a violation of existing law in virtually every state. It’s about ‘motivation’ and is vastly different from using a restroom or locker room that is consistent with that individual’s expressed gender identity.

What the Family Policy Institute of Washington and their extremist colleagues in anti-trans hate don’t want you to know is that the claim that a boy would have the right to use the girls’ restroom in school has already been tested and rejected by a court of law. (Doe v. Clenchy, pgs. 12-14)

The Washington law specifically addresses inappropriate (or criminal) behavior in gender segregated facilities:

WAC 162-32-060 covers behavior within gender segregated facilities: (2) (b) Any action taken against a person who is using a restroom or other gender-segregated facility, such as removing a person, should be taken due to that person’s actions or behavior while in the facility, and must be unrelated to gender expression or gender identity. The same standards of conduct and behavior must be consistently applied to all facility users, regardless of gender expression or gender identity.

2. “Women will be removed from the women’s restroom. Naked men will not. The rule states that it is illegal to ask someone who is confused about their gender to use a separate facility for the benefit of women and children who might be uncomfortable.”

THIS IS A LIE AND USES FEAR MONGERING AND HYPERBOLE TO INCITE HATE. IT INTENTIONALLY CONFLATES ‘INAPPROPRIATE BEHAVIOR’ WITH APPROPRIATE USE OF THE RESTROOM FOR IT’S INTENDED PURPOSE.

The law states nothing of the sort:

WAC 132-32-060 (2)(a) If another person expresses concern or discomfort about a person who uses a facility that is consistent with the person’s gender expression or gender identity, the person expressing discomfort should be directed to a separate or gender-neutral facility, if available.

This is about accomodating those who are uncomfortable with a person they perceive to be transgender using a gender segregated facility. It encourages the availability of additional gender segregated or gender-neutral facilities for their use. Getting naked in the public area (as opposed to a private stall) of any restroom by anyone, anywhere would be generally inappropriate under any circumstances, and fall under the previously cited section (2)(b) of the statute.

The phrase “confused about their gender” is extremist hate code for any/all transgender persons, and is intended solely to negate the authenticity of transgender individuals’ identity.

The Family Policy Institute of Washington does not have the best interests of gender diverse and transgender children, youth, adults and their families at heart. They are an extremist organization distributing propaganda to the uninformed and those predisposed to intolerance.

 This blog is maintained by TransActive Gender Center, a leading national non-profit organization providing education, advocacy and other resources and services to gender diverse children, youth, their families and the communites in which they live.

Author: jennburleton

Jenn Burleton is the founder and executive director of TransActive Gender Center. An internationally recognized educator and authority on diverse gender identity in children, youth and adults, she is a passionate advocate for the civil and human rights of gender diverse and transgender children, adolescents, teens and their families. She lives in the Pacific Northwest United States with her partner of more than 30 years.

2 thoughts on “WA State: “Bathroom Bill””

  1. I read a lot of Non-Facts in the above article.

    The safe spaces movement, including FPIW is a group of: men, women, some gay and trans, black, white, asian, native american, latino, christian, jew, muslin, agnostic and a few atheists. We are working on safe bathrooms, locker rooms and gym showers for all people.

    It’s a shame TransActive chooses to mis-inform, further divide and polarize people rather than collaborate and work together for safe spaces for ALL people.

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