“Bathroom bill” aimed at trans people signed into law after decade of failed attempts

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Gov. Greg Abbott on Monday signed a bill that would restrict which restrooms transgender people can use in government buildings and schools and fines institutions up to $125,000 for violations.

Senate Bill 8, which goes into effect on Dec. 4, restricts bathroom use in government-owned buildings, public schools and universities based of sex assigned at birth and does not allow exceptions for transgender inmates’ housing in prisons and jails. It also bars those assigned male at birth from accessing women’s domestic violence shelters, unless they are under 17 and the child of a woman also receiving services.

Bathroom bills proposing civil or criminal penalties for entering restrooms not matching biological sex have been proposed in Texas for more than a decade, and 19 other states have successfully passed their own proposals. The Texas House, however, largely failed to garner traction for previous bathroom bills after a tense battle over one proposal in 2017. The Texas Senate has passed six different bathroom bills since 2017.

House representatives approved SB 8 on a 86-45 vote in August after several hours of tense discussion that was at times interrupted by people in the gallery shouting insults at lawmakers who supported the bill. The House gallery, where visitors can watch proceedings, was emptied out by staff and Department of Public Safety officers after the disruptions continued.

A last-minute amendment from Rep. Steve Toth, R-Conroe, raised the fines to $25,000 against institutions where violations occur, and $125,000 for any subsequent violations. The raised penalties make SB 8 the most financially punitive bathroom bill in the country. The amendment was adopted without debate. The Senate approved the increased penalties on Sept. 3 with a 18-8 vote.

Supporters of SB 8, which has also been called the “Texas Women’s Privacy Act,” have said the bill is necessary to ensure safety and comfort for women in intimate spaces like changing rooms and bathrooms. The bill’s House sponsor, Rep. Angelia Orr, R-Itasca, said during floor discussion that the goal of the bill is to prompt political subdivisions to create their own policies to ensure bathrooms are secure.

“The preference of someone’s sexual appearance does not override the safety and privacy of a biological female,” Orr said.

Orr said the bill does not affect privately owned or funded businesses, and will not create penalties against individuals.

Opponents of the bill called the restrictions unnecessary, and said that the bill would incite harassment against trans people and cisgender people falsely accused of entering the wrong facility. Rep. Jessica Gonzalez, D-Dallas, said in August she personally had been accused of entering the wrong restroom in the Texas Capitol, which already has a policy similar to SB 8’s proposal.

Questioning from Democrats who opposed the bill attempted to zero in on how the bill would be enforced, as it outlines that agencies will take “every reasonable step” to ensure the policy is followed. Orr said during questioning that it would be up to agencies how to enforce their policy. Previously when the bill was heard in committee, Orr said the policies would be determined based on how someone looked.

“Who do you think is more uncomfortable in the bathroom today? A cis woman, or a trans woman wondering if she's about to be harassed?” Rep. Erin Zwiener, D-Driftwood, asked during floor discussion in August.

During testimony in both chambers through the session and on the House floor, tensions between lawmakers for and against the bill flared. Several members argued in small groups multiple times and were separated by staffers as debate continued on the floor in August. At one point, Toth heckled Rep. Rafael Anchia, D-Dallas, for using Bible quotes as he spoke on a failed amendment designed to kill the bill. Toth was warned by a House staffer for the remarks.

Anchia later argued with Rep. Hillary Hickland, R-Belton, away from the floor debate after she chastised his use of the Bible and countered with her own quotes as she expressed support for the bill. Other members cited religion several times after to channel their support and opposition to the bill.

"Everyone is born a child of God, and everyone who is born into this life deserves to be treated that way," Rep. John Bryant, D-Dallas said during closing statements on the bill in August. "That is what the Bible says. That is what our hearts tell us. And the only time we act differently is when we get into politics."

Representatives with family violence shelters expressed concern about the bill’s exclusivity during testimony and said it could affect not just trans victims of domestic violence, but cisgender women with teenage dependents or adult dependents who are disabled. While four other states have similar sex-based restrictions on shelters, they still allow trans victims to be accepted if they have separate sleeping quarters.

“When you call the hotline, it is often the moment before you believe you will die. I don't say that with hyperbole,” said Molly Voyles, director of public policy at the Texas Council on Family Violence, during the House State Affairs committee hearing when SB 8 was discussed. “Many women fleeing have a son who is 18 still in high school, or a child with a disability over that age for whom they are the primary caretaker. A choice to leave that includes leaving without your child is not a choice at all.”

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