A bill that would require a student’s biological sex to determine what gendered, on-campus housing options are available to them faces only one more vote before potentially being passed into law.
“It creates essentially three different pathways for housing, biological male, biological female, or a gender-neutral option that can be opted to by anyone,” the bill’s sponsor, Rep. Stephanie Gricius (R – Eagle Mountain) said while introducing HB269 to the House floor Tuesday.
The bill also tasks the Utah Board of Higher Education with providing guidance on implementing the bills should it pass. It also clarifies that only a birth certificate can be used to determine a student’s biological sex; medical documentation could not be used to clarify sex.
After hearing the bill Tuesday, the House voted 59-13 to pass HB269 to the Senate. Public comments on the bill were heard during Thursday’s Senate Education Committee meeting.
One commenter was Marcie Robertson. Robertson was the subject of a slew of online posts earlier this year after the mom of a Utah State University student found out Robertson, a resident assistant of the all-girls dorm, is transgender. Students uncomfortable with this arrangement were assigned new dorm rooms without issue.
This incident sparked the creation of HB269, which aims to provide “greater privacy for students living in on-campus housing,” the bill’s sponsor stated.
“My life has been excruciating since this began to unfold,” Robertson said. “Where was that concern for privacy when I was doxxed? Where was that concern for privacy when I had to enlist the help of friends to walk me to and from class for fear of my own safety?”
Proponents of the bill also spoke at the meeting. Avery Saltzman was one such speaker. She lived in Merrill Hall with Robertson, and it was her mom who took to social media to share the situation.
“I would never have chosen to live on campus in an apartment with a man identifying as a woman,” Saltzman said. “No girl should feel pressured to dorm with a male because they feel they have to be inclusive.”
The committee heard about an hour’s worth of comments from Utahns for and against the bill. Those in favor argued that women shouldn’t ever have to worry about feeling uncomfortable in female spaces and pointed to gender-neutral housing as another option for trans students. Those against it argued the bill unfairly targets transgender individuals and that it will negatively impact transgender students and the larger community.
The bill ultimately received a favorable recommendation and passed out of the committee in a 5-1 vote. Sen. Kathleen Riebe (D – Cottonwood Heights) dissented, calling the bill an overreach of governmental power.
“I have to oppose this bill,” she said. “I think it’s too far. It doesn’t give opportunities for compassion, dialogue, and it’s heavy-handed.”
Before the committee’s vote, HB269’s Senate sponsor, Sen. Brady Brammer (R – Pleasant Grove) spoke. He thanked the commenters and encouraged the committee’s support.
“I do believe that this is the correct policy, with an understanding that there are many that disagree with me,” he said, “I hope everyone knows that I am listening on this, in spite of disagreeing on the policy.”
The bill will be heard on the Senate floor next, though it’s unclear when. If the Senate votes to pass the bill, it will go to Gov. Spencer Cox to sign into law.
