Governor Cox signs controversial transgender bathroom ban into law

Photo: Unsplash // Juan Marin

Here's how public facilities will adapt to HB257

SALT LAKE CITY, Utah — Gov. Spencer Cox signed a new bill into law on Tuesday, which establishes a pivotal legislative change in Utah’s approach to gender-specific public facilities.

This bill, titled “Sex-based Designations for Privacy, Anti-bullying and Women’s Opportunities,” or HB257, defines the legal categories of “female” and “male” based on birth reproductive organs, significantly impacting transgender individuals’ access to public spaces such as bathrooms and changing rooms.

Here, we address key questions about this law and its enforcement:

Implementation Timeline

The law took effect immediately upon receiving Cox’s signature. However, government entities have until May 1 to fully comply.

Access to Facilities

Under HB257, individuals are required to use facilities corresponding to their legal sex designation. This applies to changing rooms, locker rooms, showers and dressing rooms in government-owned and controlled buildings. For transgender individuals, access is conditional upon legal amendment of their birth certificate and completion of bottom surgery. The law does not apply to intersex individuals, dependent minors, public safety and healthcare workers in certain situations and employees responsible for facility maintenance.

Impact on Public Settings

In educational settings, students must use facilities matching their legal sex designation. Transgender students uncomfortable with this arrangement can request alternative arrangements, such as access to unisex or single-occupant facilities. The law’s restrictions extend to publicly owned or controlled facilities, including libraries, public pools, recreation centers, courthouses, and certain event venues.

Legal Consequences

Breaking this law could result in criminal charges. The law also increases penalties for offenses like lewdness or voyeurism committed in such circumstances. Repeatedly making false reports about these violations is also punishable.

Enforcement Mechanisms

Government entities are obliged to report any violations to law enforcement. The state auditor is tasked with establishing a process for handling complaints about non-compliance. Non-compliant entities could face substantial fines.

Sen. Dan McCay, the bill’s Senate sponsor, has emphasized the importance of adhering to the birth sex designation for bathroom use as a means of reducing legal risks. This legislative change, while aiming to enhance privacy and safety, has sparked a complex debate regarding its impact on the transgender community.

Heidi Matthews, the spokesperson for PCSD, commented, “The Park City School District will continue to do everything in our power to create a welcoming and supportive environment for all students to learn and thrive while also being in compliance with the law. The most important thing is that ALL of our students feel a sense of safety and privacy at school so they can learn and thrive — especially our most vulnerable. As with all new laws, PCSD will need to assess our policies and practices to be in compliance and reiterate our commitment to the safety and privacy of all students.”