SALT LAKE CITY — A bill dealing with transgender bathroom access is now on Governor Spencer Cox's desk for his signature or veto.
There was some last-minute drama on Friday morning when the House of Representatives refused to concur with changes to House Bill 257 that the Senate made. That led to delegations from the House and Senate meeting to hash out an agreement, in what's known as a "conference committee."
FOX 13 News was in the room when the agreement was struck. It modified language at the request of the LGBTQ rights group Equality Utah, removing a provision that made it a criminal penalty if a child used a restroom different than their sex at birth in a public school.
"We never wanted any child to be given a criminal record for simply just being in a wrong bathroom for whatever reason," said Rep. Kera Birkeland, R-Morgan, the sponsor of HB257.
The bill requires transgender people to use a public restroom or locker room consistent with their sex designated at birth, unless they've fully transitioned. But as it pertains to public restrooms, it doesn't carry much enforcement power if someone continues to use a restroom consistent with their gender identity. However, there is a risk they could be charged with lewdness, voyeurism or trespassing.
"Going into a bathroom that is not consistent with your birth gender, or your birth sex, you are putting yourself at greater risk," Sen. Dan McCay, R-Riverton, told FOX 13 News. "That’s the best way for everyone to look at it, and say how do I avoid risk, how do I avoid risk of arrest, risk of alarm, risk of the criminal penalties that go along with it."
The bill adds more unisex spaces in new public facilities and retrofits old ones as remodels happen.
"These are issues we raised and asked legislators to amend. We are grateful for their responsiveness," Equality Utah said in a statement Friday on removing provisions criminalizing children. "We still hold the position that transgender Americans have the freedom and liberty to access facilities within public spaces. We are sorry for the fear and distress that many within the community are experiencing as they read these bills."
Governor Cox's office declined to comment on whether he would sign or veto the bill.
Also on Friday, the House concurred with Senate amendments on House Bill 261 that repeals and replaces Diversity, Equity and Inclusion offices on college campuses. That bill, which also prohibits "diversity statements" in job applications in state government and blocks mandatory trainings on diversity, also heads to Gov. Cox's desk. He has signaled in past comments he is supportive of such legislation.
The bill has been amended to preserve student groups on campus, cultural centers and scholarships for people from marginalized communities. It replaces DEI offices with "student success centers" that proponents say will serve a wider audience. It was also made clear on Friday the legislation will not impact the University of Utah's agreements with the Ute Tribe to use the name "Utes."
