A bill that requires a student’s biological sex to determine what gendered dorms students can live in was signed into law by Gov. Spencer Cox last Friday.
HB269 passed the Utah Senate in a 20-7 vote, with two absent, on Feb. 6, after debate on the floor surrounding the bill’s reach and consequences.
In addition to requiring a student’s biological sex to determine dorm assignments, the bill stipulated that only an unaltered birth certificate may be used to determine biological sex. An altered birth certificate can only be used if it was changed to correct an error.
It also says that universities can have co-ed housing on campuses to accommodate transgender students who will no longer have access to gender-specific dorms. However, it does not make this a requirement.
“Looking historically, I feel like our nation has perhaps had some challenging histories around the establishment of separate but equal spaces, and this gives me some of that pause,” Sen. Jen Plumb (D-Salt Lake) said during the bill’s debate last week.
Plumb criticized the bill’s intention and argued it was drafted solely to cushion student’s discomfort. She argued that when she was a college student, feeling discomfort was an important part of becoming an adult.
“If something makes other folks uncomfortable, and our decision is to legislate, then we have a lot of legislating to do,” she said. “You don’t have to be a transgender person to have discomfort follow things around you.”
The University of Utah only has one sex-specific dorm, Gateway Heights. All other dorms are co-ed, though roommates are typically assigned by sex. It is unclear exactly how the bill will impact the U at this time.
The law was written after a transgender RA was assigned to an all-girls dorm at Utah State University. The RA’s suitemates were unaware the RA was transgender and requested a room change after finding out. One girl’s mother then took to social media to publicize the information, which caused controversy and gained attention from millions of online viewers.
“We need to talk about women having the right to have women-only spaces,” Sen. Heidi Balderee (R-Eagle Mountain) said.
Sen. David Hinkins (R-Ferron) argued that if students don’t like the new policy, they can find other housing options.
“I’m tired of people coming to the state because they don’t fit,” he said. “If they got guidelines, and I can’t live by their guidelines, then I should go find something else.”
On the other hand, Senate Minority Leader Luz Escamilla (D-Salt Lake City) questioned how the bill makes gendered spaces safer, especially for students who have undergone medical transitions.
“The genetic piece is not as clear when you’re visually looking at someone that has gone through changing their birth certificate … and has also gone through transition in medical surgical procedures,” she said. “I think this bill is just putting us behind instead of moving us forward.”
Senate Democrats later released a statement against the bill, stating, “This bill isn’t about safety — it’s about exclusion.”
Now that the bill has been signed, it will go into effect May 1.
