Lawmakers Tackle Gender and School Bathrooms

Well, seems the Utah Legislature just can’t get away with same-sex issues – even school bathrooms.


Rep. Mike Kennedy, R-Alpine has HB87, which says that a student can’t choose to go into a school bathroom which is different than his or her gender.

That is, a student that is a boy, but identifies with being a girl, and maybe dresses like a girl, still has to use the boy’s bathroom.

You have to use the bathroom of the sex you were born with – as identified with your birth certificate – or the gender a doctor, upon examination, says you are.

You can’t just believe you are really a girl, when you are physically a boy.

The bill reads:

  (9) (a) “Gender” means the either male or female phenotype designation of an
             1182      individual as documented by:
             1183          (i) the individual’s birth certificate, if the individual has not obtained a designation
             1184      under Subsection (9)(a)(ii); or
             1185          (ii) a signed, written document from a physician, as defined in Section 58-67-102 , that,
             1186      based on a physical examination of the individual’s genitalia, designates the individual
             1187      phenotypically as either male or female, if:
             1188          (A) the individual does not have a birth certificate that designates the individual as
             1189      either male or female; or
             1190          (B) the document conflicts with the individual’s birth certificate.
             1191          (b) “Gender” does not mean an individual’s own opinion of whether the individual is:
             1192          (i) male;
             1193          (ii) female;
             1194          (iii) neither male nor female;
             1195          (iv) both male and female; or
             1196          (v) another designation.
             1197          (c) “Gender” is defined for the purposes of state law only and does not apply to federal
             1198      law.

Kennedy’s bill does not address what the other boys may think when they are standing at the urinal, and are joined by what appears to be a girl in a dress, who comes up and stands at the next urinal.

But then school is for learning, so why not start learning about gender bending, or transsexual, or such.

There is an exemption which says a student can seek special bathroom accommodations from school officials if they are really a boy, but don’t want to go into the boy’s bathrooms dressed like a girl, and vice versa.