WASHINGTON — Two bills introduced in the Virginia House of Delegates try to clarify which bathrooms transgender students can use.
House Bills 663 and 781 require that every public, multiple-occupancy restroom in a state government or school building across the Commonwealth be designated for the sole use of a specific gender, either anatomically or biologically. There is also a provision that would allow a student to use a transgender student to use a single-occupancy restroom.
Violators could face a fine of up to 50 dollars.
“These bills are among several, the purpose of which, frankly, is mean-spirited and intended to deprive transgender Virginians of their dignity and their human and legal rights,” ACLU Virginia Executive Director Claire Gastañaga told WTOP. “School bathrooms all have private bathroom stalls and what goes on in those private stalls is private.”
The concern expressed by Gastañaga, blogs and op-eds is when those private moments are made public.
“We’re not 100 percent sure we fully understand how the patron [the bill’s sponsor] and the proponents of the bill expect it to be enforced,” Gastañaga explained. “Are folks going to stand outside of bathrooms and look at people and decide if they need to look at their parts? It’s just really ludicrous.”
The short answer, say lawmakers: that is not the case.
“The bill’s been greatly over exaggerated,” House Speaker Bill Howell (R-Stafford) stated to WTOP. “Internet blogs are going around about how it was going to require the child taking their pants down or whatever. That’s not in the bill. There’s not a word about it in the bill. It just says you’ll just use the birth certificate.”
These bills were introduced by Del. Mark Cole (R-Spotsylvania), after the Stafford County school board had to determine which bathroom a transgender elementary school student should use. The board ended up voting 6-0 to allow that student to use a single-occupancy restroom, a staff bathroom or the restroom of the student’s biological gender.
“It is common sense legislation designed to protect the privacy of children and adults, and was requested by a group of parents in my district who are concerned about a male student who wanted to use the girls facilities,” Cole wrote in a statement, entitled, “Delegate Cole files legislation to protect the privacy of schoolchildren and adults,” on his website. “Schools have been sued for not allowing males to use female restrooms and this legislation is intended to adopt a clear policy and to pre-empt further suits.”
Howell added that these proposals are simple pieces of legislation.
“All the bill says is that if there is a concern, if there is a discussion, the administration of the school will check the student’s birth certificate,” said Howell. “They will make a determination of which bathroom they should use based on what it says on the birth certificate.”
But critics question the purpose.
“I think it’s one of those things where it’s a legislation in search of a problem that doesn’t exist,” Gastañaga opined, adding that there are other bills that, “similarly try to write transgender people out of Virginia.”
Howell’s response to opponents?
“It’s helpful to read the bill before you criticize it.”
