State lawmakers finally got their transgender bathroom rule that could come with this statement: No trans people were contacted in the making of this bill.
State senators passed a bill Wednesday, April 21st, that could give transgender students “reasonable accommodations” to separate facilities, instead of allowing them to use the bathroom that lines up with their gender identity.
Students must do this through a written request that says they are “unwilling or unable to use a multi-occupancy restroom or change in a facility within the school building designate for the person’s sex.” Senate Democrats have said the move would provide “separate but equal” facilities and further stigmatize transgender students in Tennessee.
The bill lays out an appeal process if the request is denied. It also lays out the pathway for students, teachers, or employees to sue the school if they encounter “a person of the opposite sex in a multi-occupancy restroom or changing facility designated for the person’s sex and located in a public school building.” That is, schools can be sued if they allow a transgender student use a bathroom for a gender other than what is listed on their birth certificates.
Republican lawmakers have tried and failed to pass a “bathroom bill” for years. The refreshed language in this year’s version has many calling it “bathroom bill 2.0.” The bill is now headed for Tennessee Governor Bill Lee’s desk for a signature that would make it a law.
It protects the wellbeing of children and removes the burden of stress of accommodations from teachers, schools, parents, and students.
Sen. Mike Bell (R-Riceville)
”It protects the wellbeing of children and removes the burden of stress of accommodations from teachers, schools, parents, and students, providing a clear path forward for the schools in Tennessee,” said the bill’s sponsor, Sen. Mike Bell (R-Riceville).
Bell paused his prepared remarks on the Senate floor Wednesday to say that ”this is an issue our schools are dealing with.” Bell claimed that a K-8th grade school in his district was now “dealing with this issue.”
Sen. Heidi Campbell (D-Nashville) asked Bell if, in making the bill, he consulted with any transgender people of their families.
“No, I did not, Senator Campbell,” Bell replied.
Campbell said she has spoken with “dozens” of transgender families and transgender children during the course of this legislative session. She said she also spent time learning about the views of those who support the legislation. She said “this is a civil rights issue” and it’s “hurting our children.”
There are human beings on the other side of these votes who will have to live with the fallout.
Sen. Heidi Campbell (D-Nashville)
“We all know that a conservative group is running this package of anti-trans bills across the country and because they’ve polled this issue and it tests well and it keeps people energized and it feeds media ratings,” Campbell said. “It’s identity politics and we all know how that works, but there are human beings on the other side of these votes who will have to live with the fallout.”
No GOP senator rose to speak for the bill’s merits Wednesday. One only questioned whether or not giving “reasonable accommodation” for transgender students would infringe on facilities now offered to handicapped students.
Sen. Jeff Yarbro (D-Nashville) said the legislation will open the state up to litigation from a variety of different laws including the Civil Rights Act of 1964 and the Family Education Rights and Privacy Act.
“We’re going to have lawsuits under the 14th Amendment, and we’re going to lose them,” Yarbro said. “It’s no wonder that we’re increasing the budget for settlements and litigators at the state level, and we’ll need to keep doing it because we are putting cities and our schools in a place where they’re going to be violating federal law.”
We are putting cities and our schools in a place where they’re going to be violating federal law.
Sen. Jeff Yarbro (D-Nashville)
The “bathroom bill” is but one of many bills targeting transgender people, especially students, before the Tennessee General Assembly this year. That group of bills has been dubbed the “Slate of Hate” by LGBTQ advocates.
“We cannot cancel our LGBT friends and family and our trans children out there,” Campbell said in her closing statement on the Senate floor Wednesday. “I just want to tell you, I’m sorry for the pain that this causes. We love you and we support you.”
The bill passed in a 21-7 vote along party lines.
I’m sorry for the pain that this causes.
Sen. Heidi Campbell (D-Nashville)
