#even though the panic is around protection of afab individuals in women's spaces

[loveerran]

Utah Bathroom Ban

In an effort to protect women and children from a problem that does not exist, Utah legislators recently passed, and the governor recently signed into law, HB 257. Among other things, this bill defines criminal penalties for improper use of a binary, sex-designated (male or female) restroom in a government owned or controlled space that does not correspond to one's assigned sex:

"Going into a bathroom that is not consistent with your birth gender, or your birth sex, you are putting yourself at greater risk. I think that’s the best way for everybody to look at it and say, ‘How do I avoid risk? How do I avoid risk of arrest?'" - Senate sponsor of HB 257 Dan McCay

As a trans woman who has been out and about for 20 years, what I hear in this quote is very specifically: "We want you to be scared when you use a bathroom that doesn't align with your assigned sex at birth. You already know someone may report you just for being there and the criminal justice system is horrible for trans women, so maybe you'll think twice before trying to pee when out in public."

And it works. I am reminded I am different and should be scared of what will happen if the wrong person is having a bad day, reports me to the bathroom monitoring authorities, and some cop starts making choices that put me in a difficult or dangerous situation. Stories of abuses suffered by trans women in the system are legion.

But I don't think my situation is the real problem here. In practical terms, this bill means a trans kid can't use a school restroom that aligns with their gender identity and/or presentation. Instead, they have to develop a 'privacy plan' with the school and use separately designated facilities or a faculty restroom, etc. - reinforcing that they are 'other'. This is very dangerous and will create victims and we have actual data and studies to back up that assertion.

Let me restate: There is data demonstrating that bathroom restrictions hurt gender non-conforming kids, with a reported increase in the sexual assault rate of nearly 50% when bathroom restrictions of this type are in place.

My wife points out "I would be safer in a men's restroom than you. Most men will actually try to protect women, but that doesn't apply to trans women. Quite the opposite."

The sponsors of the bill could not name a single instance of trans kids being a problem in spaces aligned with their gender identity. Not one single incident for them to rely on. And they ignored evidence indicating there are actual harmful effects. This bill makes a small, marginalized group of people more likely to be victims of violence.

This issue was so important to the Utah legislature that they devoted a substantial portion of the 1st two weeks of the legislative session to HB 257, including significant changes after the public comment period passed.

When the bill went live on May 1, the Utah State Auditor's office began being flooded with false reporting (I love you all :)!). The Auditor's office responded by publishing what can only be described as a scathing indictment of the situation:

"the Office created the complaint form to comply with a statutory mandate – a role we did not request. Indeed, no auditor sets out to become a bathroom monitor... Like many in the public, we learned about our role under this bill shortly before the bill was rushed to final passage. I recognize that many Utahns feel trampled by an invasive and overly aggressive Legislature that too often fails to seek input from those most affected."

Thank you to everyone who continues to fight for us on this issue. There aren't enough of us to win this on our own. We need your help.

#I don't want to hide that trans masculine individuals are very frequently the assault victims #even though the panic is around protection of afab individuals in women's spaces #protect people #lgbt #lgbtqia+ #trans #transgender #Utah HB 257