SALT LAKE CITY — Restricting public restroom access to sex designated at birth has been stripped out of a controversial bill being debated on Utah's Capitol Hill.
On the Senate floor on Wednesday, Sen. Dan McCay, R-Riverton, unveiled a significant substitute to House Bill 257. Where the previous iteration of the bill limited public restroom use to sex designated at birth (unless someone fully transitioned), it now allows people to use a restroom consistent with their gender identity.
"The law has never prohibited people from using a bathroom despite what the sign says on the outside of the door," Sen. McCay said. "In that situation, that part of the law is not changing. What is changing is protecting more strictly, lewd voyeurism and those behaviors that are and should be protected in those spaces."
The new version of HB257 enhances lewdness and voyeurism statutes. It also maintains restrictions on locker room changing areas and in public public schools.
"We felt like all along the intent was to try and prevent behavior," Sen. McCay said. "That’s been the focus is trying to prevent behavior and make private spaces safer."
Sen. McCay said he and HB257's primary sponsor, Rep. Kera Birkeland, R-Morgan, have been modifying the bill in response to public feedback. The bill has faced protests and a lot of public comment.
"The substitute accomplishes the same goal as the original bill. I appreciate the feedback and collaboration I’ve received from colleagues and stakeholders throughout the legislative process. The updated language improves the legislation as a common-sense solution to ensure equal opportunities and enhance privacy for all Utahns in private facilities," Rep. Birkeland said in a statement to FOX 13 News.
Senate Minority Leader Luz Escamilla, D-Salt Lake City, said she wanted to review the changes to the bill before weighing in. The LGBTQ rights group Equality Utah said it still had some concerns.
"Some of it is positive," the group's policy director, Marina Lowe, told FOX 13 News. "I think certainly lessening up on the focus on bathrooms for public spaces. Unfortunately, what’s still contained in the bill is a ban on transgender youth from using a bathroom consistent with their gender identity in the public school system."
The bill passed an initial vote in the Utah State Senate, 20-7. It will have another vote on Thursday. If it passes there, it will return to the House of Representatives for concurrence with the amendments introduced in the Senate.
