Extremist Agendas: “Bathroom Bills”

HATE LEGISLATION UPDATES

ILLINOIS | INDIANA | KENTUCKY | MISSOURI |NEVADA | SOUTH CAROLINA SOUTH DAKOTA | TEXAS | VIRGINIA | WASHINGTON | WISCONSIN

In the aftermath of the Supreme Court of the United States (SCOTUS) ruling that made marriage equality the law of the land, far-right conservative and religious extremist individuals, groups, organizations and legislators have shifted much of their focus to anti-transgender and gender diversity protections at the local, state and federal levels.

This shift began with a successful repeal of civil rights protections for LGBTQ people in Houston, Texas. Their primary strategic target is opposition to public accommodation laws (so-called “bathroom bills”) that protect transgender individuals’ right to use a restroom, locker room or other gender-segregated facility that corresponds with their gender identity. Their tactics include:

READ THE FACTS FROM SCHOOL DISTRICTS

The overwhelming majority of those supporting these Bills are Republican.
We leave analysis of that fact up to the reader.

TAKE ACTION TO DEFEAT THESE HATE MOTIVATED BILLS, MEASURES & POLICIES 


COLORADO
Three Republican state Senators sitting on a five-member committee objected to, and shot-down a Bill that would have made it easier for transgender people to amend their birth certificates. The same three Republican Senators voted down a Bill banning gay conversion therapy on minors.  Voting against these two Bills were Rep. Ray Scott (R) from Grand Junction, Rep. Jerry Sonnenberg (R) from Sterling, and Rep. Owen Hill (R) from Colorado Springs.

This effort was driven by an anti-transgender, religious extremist political agenda.


Florida


ILLINOIS [Trigger Warning-Extremist Christian/Right Wing Hate Content]

Extremist elected officials in Illinois have introduced legislation in the Illinois General Assembly that will, by design, implement and enforce discrimination (in violation of Title IX) against transgender children, adolescents and teens in public schools throughout the state. House Bill 4474 is a hate motivated Right Wing, Extremist Christian “bathroom bill” that ‘fixes a problem’ that simply doesn’t exist.

HB 4474 was introduced by State Representative Tom Morrision (R) and co-sponsored by John D. Anthony (R), Mark Batinick (R), John M. Cabello (R), C.D. Davidsmeyer (R), Mary E. Flowers (D), Jeanne M. Ives (R), Dwight Kay (R), Sherry L. Jesiel (R), Bill Mitchell (R), Reginald Phillips (R), David Reis (R), Barbara Wheeler (R), and Keith Wheeler (R).

Unlike most of these exclusively Republican-driven bills, House Democrat Mary Flowers of District 31 in Springfield is a co-sponsor of HB4474.

Rep. Morrison formerly taught 5th-grade at the Christian Liberty School in Arlington Heights. CLA is a private school with a non-discrimination policy that DOES NOT include protections based on sex, sexual orientation or gender identity, which is their right as a private religious institution (assuming they do not receive any Federal funding). Tom Morrison wants to require all public schools in the state of Illinois to submit to the Right Wing extremist discriminatory policies of his former employer, the Christian Liberty School.

This effort is driven by an anti-transgender, religious extremist political agenda fueled by HATE, IGNORANCE & INSENSITIVITY TO THE ABUSE OF TRANSGENDER YOUTH.


INDIANA
Indiana lawmakers Sen. Jim Tomes (R)Rep. Rhonda Rhoads (R), Rep. Bob Heaton (R) and Rep. Tim Harman (R) have proposed Bills (SB 35 / HB 1031 / HB 1079) that would make it a crime for transgender people to use public restrooms and locker rooms that do not conform to their  chromosomes or sexual anatomy at birth.

This effort is driven by an anti-transgender, religious extremist political agenda.

For more information, visit Indiana Transgender Rights.


Kentucky

Massachusetts

Minnesota

MISSOURI

Christian extremist and right wing state Sen. Ed Emery (R) has introduced a “bathroom bill” in the Missouri State Senate that, if passed, would amend existing state law to intentionally and with malice discriminate against transgender children, adolescents, teens and adults. There are, at present, no co-sponsors of this bill.

Sen. Emery is a supporter of and award recipient from the Concerned Women for America. Here is a link to videos of CCW’s leading spokesmodel Penny Nance talking about transgender kids. [TRIGGER WARNING]

[Sen. Emery] rejects the idea that the policy is discriminatory, comparing it to “height requirements on roller coasters and age requirements in kindergartens.

SB 720 would amend Chapter 171 (School Operations) of the Missouri Revised Statutes by adding a new section; 171.425:

171.425 – 1. For the purposes of this section “biological sex” means the physical condition of being male or female, which is determined by a person’s chromosomes, and is identified at birth by a person’s anatomy and indicated on their birth certificate.

ANALYSIS: Among other things, the hate motivated SB 720 seeks to define “biological sex” in a way that perpetuates and embraces a pre-20th century understanding of biological science, endocrinology, genetics, pre-natal development and sociology. It excludes the ENTIRE SEGMENT of humanity that is intersex.

171.425 – 2. In every public school setting in which a student may be in a state of undress in the presence of other students, school personnel shall provide separate, distinct areas designated for use by students based on their biological sex to ensure the personal privacy and safety of students

ANALYSIS: SB 720, due to its archaic, binary-only understanding and definition of “biological sex” would put school officials in the impossible position of making a scientific/biological determination of a student’s sexual biology, when in fact such a determination may well fall outside SB 720’s narrow definition of “biological sex” in the case of intersex students.

171.425 – 3. Every public school restroom, locker room, and shower room designated for student use and which is accessible by multiple students at the same time shall be designated for and used only by students of the same biological sex. At no time shall a student be allowed to access a public school restroom, locker room, or shower room designated for use by the opposite biological sex

ANALYSIS: In addition to requiring schools to confirm and police the sexual biology of their students, SB 720 would require school district employees to monitor the genitalia of students at every grade level. This EXTREMELY invasive violation of student privacy reveals an unhealthy and abusive obsession with the genitalia of minor children, adolescents and teens on the part of religious extremists and right wing legislators.

171.425 – 4. (1) A student who asserts to school officials that his or her gender is different from his or her biological sex may be provided with alternative restroom, locker room, or shower room accommodations, provided that a parent or legal guardian of a minor child who makes such assertion shall provide written consent to use of such alternative accommodations. Such accommodations shall not include the use of student restrooms, locker rooms, or shower rooms designated for use by students of the opposite biological sex.

ANALYSIS: The above section of SB 720 seeks to circumvent Federal Title IX civil rights protections, which require public schools receiving federal funding to affirm the asserted gender identity of students whether or not the student’s parents approve of their child’s gender identification or gender expression. Passage of SB 720 would place transgender students in Missouri at great risk of having no ‘safe space’ in which to find support and affirmation of their true selves.

171.425 – (2) Acceptable accommodations may include but are not limited to access to single-stall restrooms, unisex restrooms, or controlled use of faculty restrooms, locker rooms, or shower rooms.

This section of SB 720 seeks to establish ‘separate-NOT-equal’ access to restrooms for transgender students. SB 720 is clearly discrminatory in that it would subject transgender students to heightened potential for harassment, bullying and humiliation as a result of being required to use restroom facilities different than those of their same gender peers for no other purpose than to differentiate them from their peers. It further discriminates against and creates undue hardship on transgender students by requiring them to often go further than their peers to access a restroom, seek additional levels of approval to use of the restroom and increases the potential for them being late to class as a result of having to use a restroom that is not as convenient as those used by their peers.

Nevada


OKLAHOMA
Scheduled to be introduced on February 1, 2016 by Sen. Joseph Silk (R), Senate Bill 1014 states as follows:

“It shall be unlawful for a person to use a gender-specific restroom when that person’s biological gender is contrary to that of the gender-specific restroom.”

Senator Joseph Silk is a Christian-extremist politician with an extensive history of promoting anti-LGBTQ hate and intolerance. [TRIGGER WARNING]

You can send Senator Silk an email message by clicking on the link attached to his hame above.

This effort is driven by an anti-transgender, religious extremist political agenda.

South Carolina


SOUTH DAKOTA

HB-1008
There is an extremely discriminatory legislative Bill being introduced by Right Wing, anti-transgender hate mongers and religious extremists in South Dakota.

House Bill 1008, introduced by Rep. Fred Deutsch (R) and Sen. Brock Greenfield (R)  (see below for additional co-sponsors) seeks to write into law discrimination against transgender students for reasons motivated only by ignorance, intolerance, hate and religious extremism.

UPDATE: On Monday, January 25th, the South Dakota House State of Affairs Committee approved House Bill 1008, which advances the Bill in the State Legislature. HB-1008 was amended prior to leaving the Committee, removing the requirement that the state Attorney General defend school districts in the predictable lawsuits that will follow approval of this hateful, hurtful and discriminatory piece of legislation.

Sign the ACLU of South Dakota’s “Protect Transgender Student’s Rights Petition“now!

Bill Summary & Commentary:

  1. Defines the “condition of being male or female” by an individual’s chromosomes (How is that remotely enforceable?) and their anatomy as observed at birth.
    (At best, eliminating the authenticity of intersex individuals and at worst, encouraging barbaric surgery to ‘correct’ bodies that don’t conform to anatomical sex stereotypes.)
  2. Designates every public school restroom, locker room and shower room for the exclusive use of “students of the same biological sex”. They extend this designation to facilities used in conjunction with off school premises activities. (Again, how is this even remotely enforceable? Biological test stations at the entrance to every restroom and locker room?)
  3. Requires transgender students to use a “reasonable accommodation…one that does not impose an undue hardship on a school district. A reasonable accommodation may not include the use of student restrooms, locker rooms, or shower rooms designated for use by students of the opposite biological sex if students of the opposite biological sex are present or could be present. A reasonable accommodation may include a single-occupancy restroom, a unisex restroom, or the controlled use of a restroom, locker room, or shower room that is designated for use by faculty”.
    (This implies that, on a biological basis, sex exists only as a dichotomous binary. It is both scientifically inaccurate and predicated on the establishment of a separate-but-NOT-equal public accomodation for a specific class of individuals already protect by Federal Title IX statutes.)
  4. Finally, in anticipation of lawsuits from individuals, organizations and the Federal Government for violation of Title IX and other equal access protections, HB1008 requires the Attorney General of the State of South Dakota to a) defend this law in Court proceedings and represent any school officials named in any lawsuit at no cost to the individual, and b) that the State of South Dakota will pay any/all monetary damages issued against any school district or school district official or employee for violating the Federal civil and human rights of transgender students.
    [NOTE: This last section of the original Bill was amended and removed from the Bill that passed our of the House State of Affairs Committee on January 25, 2016.]

 

Co-sponsors of HB1008 include Representatives: Scott Craig (R), Al Novstrup (R), Jeff Partridge (R), Lance Russell (R), Lee Schoenbeck (R), Mike Verchio (R), Larry Zikmund (R), and Senators Terri Haverly (R), Ried Holien (R), Betty Olsen (R), Ernie Otten (R).

Sign the petition to encourage lawmakers to VOTE NO on HB-1008

This effort is driven by an anti-transgender, religious extremist political agenda fueled by HATE, IGNORANCE & INSENSITIVITY TO THE ABUSE OF TRANSGENDER YOUTH.

Texas


WASHINGTON

HB-2589, HB-2782 & SB-6443
Right wing hate mongers and religious extremists Rep. Graham Hunt (R), Rep. Brad Klippert (R), and Sen. Doug Ericksen (R), have introduced bills that will ensure, in Ericksen’s words, “The boys will use the boys’ locker room and the girls will use the girls’ locker room.”

  • Rep. Graham Hunt has introduced HB2589 seeking to add the following amendment to RCW 49.60.030 (which protects the right of transgender people to use gender segregated facilities):

(4) Nothing in this chapter prohibits a public or private entity from limiting access to a private facility segregated by gender, such as a bathroom, restroom, toilet, shower, locker room, or sauna, to a person if the person is preoperative, nonoperative, or otherwise has genitalia of a different gender from that for which the facility is segregated. Nothing in this chapter grants any right to a person to access a private facility segregated by gender, such as a bathroom, restroom, toilet, shower, locker room, or sauna, of a public or private entity if the person is preoperative, nonoperative, or otherwise has genitalia of a different gender from that for which the facility is segregated.

Co-sponsors of HB2589 include: Shelly Short (R), Luanne Van Werven (R), Jay Rodne (R), Gina McCabe (R), David Taylor (R), Jeff Holy (R), Matt Manweller (R), Matt Shea (R), Maureen Walsh (R), Elizabeth Scott (R), Dick Muri (R), Norma Smith (R), Joe Schmick (R), Mark Harmsworth (R), Bob McCaslin (R), Linda Kochmar (R), Cary Condotta (R), Drew MacEwen (R), Vincent Buys (R), Dan Griffey (R), Lynda Wilson (R), Liz Pike (R), Jesse Young (R), Brad Klippert (R), Brad Hawkins (R), Larry Haler (R), Joel Kretz (R), J.T. Wilcox (R), Hans Zeiger (R), Tom Dent (R), Mark Hargrove (R), Teri Hickel (R), Melanie Stambaugh (R), Michelle Caldier (R), Dave Hayes (R), and Kevin Parker (R)

  • Representative Brad Klippert (R) has introduced HB2782, also seeking to amend Washington RCW 49.60.030 to prohibit transgender individuals, or ANYONE not having XX/XY sex chromomes (in his words “DNA”) from using a restroom not corresponding to their “DNA”:

AN ACT Relating to establishing the gender privacy protection act; adding a new section to chapter 49.60 RCW; and creating a new section. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: NEW SECTION. Sec. 1. This act may be known and cited as the Washington gender privacy protection act. NEW SECTION. Sec. 2. A new section is added to chapter 49.60 RCW to read as follows: (1) Nothing in this chapter or in any other provision of state law grants the right to any person who possesses male anatomy or male deoxyribonucleic acid (DNA) to enter into or use a public or private facility that is open to the public and is or has been segregated by gender for the private use of those who possess female anatomy or female deoxyribonucleic acid (DNA) including, but not limited to, a bathroom, restroom, toilet, shower, locker room, or sauna. (2) Nothing in this chapter or in any other provision of state law grants the right to any person who possesses female anatomy or female deoxyribonucleic acid (DNA) to enter into or use a public or private facility that is open to the public and is or has been segregated by gender for the use of those who possess male anatomy or male deoxyribonucleic acid (DNA) including, but not limited to, a bathroom, restroom, toilet, shower, locker room, or sauna.

Co-sponsors of HB2782 includeTom Dent (R), Dan Griffey (R)

  • Sen. Doug Ericksen (R) has introducted the draconian SB6443, which calls not only for the repeal of current human rights protections for transgender people in Washington state, but for a ban on ANY FUTURE legislation to protect the rights of transgender or gender diverse people in the state:

AN ACT Relating to the human rights commission’s rule-making 2 authority; and adding a new section to chapter 49.60 RCW. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: NEW SECTION. Sec. 1. A new section is added to chapter 49.60 RCW to read as follows: The human rights commission shall repeal the rule currently 7 codified at WAC 162-32-060 in its entirety. The human rights commission may not thereafter initiate any rule-making procedure that involves the subject of gender segregated facilities.

Co-sponsors of SB6443 include: Barbara Bailey (R), Mike Padden (R), Steve O’Ban (R), Jan Angel (R), Randi Becker (R), John Braun (R), Mark Miloscia (R), Judy Warnick (R), Bruce Dammeier (R), Jim Honeyford (R), Mike Hewitt (R), Pam Roach (R), and Don Benton (R)

These efforts is driven by an anti-transgender, religious extremist political agenda fueled by HATE, IGNORANCE & INSENSITIVITY TO THE ABUSE OF TRANSGENDER YOUTH.

Please support the Washington SAFE Alliance.


WISCONSIN

Introduced by Representatives Jesse Kremer (R), Jeremy Thiesfeldt (R), David Craig (R),
Bob Gannon (R), Cody Horlacher (R), Andre Jacque (R), Ken Skowronski (R) and Paul Tittl (R), cosponsored by Senators Steve Nass (R), Terry Moulton (R) and Duey Stroebel (R).

Assembly Bill 469 (AB469) is driven by far-right conservative politics and extremist Judeo-Christian ideology. It is intended to write into law both discrimination against transgender-spectrum children, youth and adults AND a reproductive organ/documentation-based definition of both sex and gender.

Statements made by the legislators fall right in line with the anti-transgender agenda:

  •  “You don’t know if they’re up to no good or not,” he said. “This opens up a real good window for sexual predators if they want to take advantage of it.” (Rep. Jesse Kremer)
  • “I held a hearing in the Assembly Education Committee on a bill [AB469] that would solve this problem in our schools. For over 8 hours we heard from a variety of folks who said that such a [sexual predator] scenario was rather implausible. Guess what, it’s not!” (Rep. Jeremy Thiesfeldt Facebook post in relation to an isolated 2015 sexual predator incident in Toronto, Canada)

This effort is driven by an anti-transgender, religious extremist political agenda.

 

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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.

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