New Tennessee bathroom bill on transgender access targets residential educational facilities
Two Republicans are seeking to require any educational facilities that house minors overnight to segregate restrooms and shower areas based on "immutable biological sex," in an effort to protect girls' privacy.
House Bill 64 seeks to require any 'residential educational program' in Tennessee that serves minors to segregate restrooms, changing areas and showers 'by immutable biological sex.' The bill would apply to programs of any duration, run by both public and private entities. It's sponsored by Rep. Gino Bulso, R-Franklin, and Sen. Janice Bowling, R-Manchester.
The bill passed a first committee hurdle on Tuesday, passing the House Education Administration Subcommittee in a 5-1 party line vote after about 30 minutes of discussion.
'My constituents tell me that they believe that girls, when they're going into the bathroom or into the shower, deserve privacy and security such that only other girls are allowed to share those same facilities,' he said. 'They don't want boys in there.'
During the hearing, Bulso said he brought the bill because of the experiences of a family in his district. A local private university's summer program asked parents if they would consent to their teenage daughter being assigned a roommate who is transgender. They did not consent to the roommate assignment, and objected to the young people sharing shower and restroom facilities.
"The school was going to allow boys who quote, identified, close quote, as girls to share the same showering and restroom facilities on the floor of the dormitories where the students would be housed," Bulso said. "The purpose of this bill ... is to protect girls, protect young ladies and their privacy."
Bulso said he considers the measure an 'issue of public health and safety.'
'The boys who are identifying as girls at this particular residential educational program are actively flirting with some of the girls in the bathroom,' Bulso said.
State law already bars transgender students from accessing sex-based multi-use restrooms and changing facilities, instead requiring schools to offer another 'reasonable accommodation' to transgender students and school staff. A federal judge dismissed a legal challenge last September.
In 2021, Gov. Bill Lee signed a law requiring businesses that allow transgender people to use facilities associated with their gender identity to post a sign notifying the public. That law was struck down by a federal judge a year later.
It's rare that a subcommittee draws a crowd on the first full day of hearings during a legislative session. But House Hearing Room 4 was packed on Tuesday afternoon as spectators held signs that read 'Flush HB 64' and 'Get your mind out of the toilet and do something to actually protect our kids.'
Rep. Ronnie Glynn, D-Clarksville, the lone Democrat on the committee, condemned the bill as an attack on minorities, and said lawmakers should address far more pressing matters, like child hunger, household expenses, and housing.
'When I think about the attacks constantly on folks we don't agree with because we don't like their lifestyle, it's really disheartening,' Glynn said. 'Yet we continue this ongoing battle to demonize folks we don't agree with. It's as if we are back in slavery days when folks continued to demonize Black folks because they didn't look the right way or they didn't act the right way.'
Rep. Scott Cepicky, R-Culleoka, questioned whether the legislation would create an unfunded mandate for private institutions. Bulso responded that he sees no cost of compliance.
'Recall that 20 years ago, every educational institution that dealt with minors was likely to have a boys bathroom and a girl's bathroom. I believe that is still the case,' Bulso said. 'It's not so much that anything needs to be built. It's just a question of who is allowed to use which restroom facility and which showering facility.'
Cepicky also questioned whether mothers would still be able to take 4- and 5-year-old sons into the restroom with them. Bulso said prohibiting such an action is not the intent of the bill.
'Shameful!' one demonstrator called, as Bulso left the room.
'What bathroom am I supposed to use?' another called out.
'This is pedophile behavior, Bulso!' one spectator roared.
Vivian Jones covers state government and politics for The Tennessean. Reach her at vjones@tennessean.com.
This article originally appeared on Nashville Tennessean: Tennessee bathroom bill targets trans access at residential facilities
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