Utah (USA)

Republican State Rep. Michael Kennedy introduced House Bill 87, which removes “sex” as a protected characteristic from state anti-discrimination law and replaces it with “gender,” defined as “either male or female phenotype designation of an individual as documented by the individual’s birth certificate, if the individual has not obtained a designation Subsection (9)(a)(ii); or a signed, written document from a physician, as defined in Section 58-67-102 , that, based on a physical examination of the individual’s genitalia, designates the individual phenotypically as either male or female, if:

(A) the individual does not have a birth certificate that designates the individual as   either male or female; or

(B) the document conflicts with the individual’s birth certificate.

“Gender” does not mean an individual’s own opinion of whether the individual is:
(i) male;
(ii) female;
(iii) neither male nor female;
(iv) both male and female; or
(v) another designation.

HB 87 also regulates “gender-segregated bathrooms in public schools.” That section of the law defines “gender identity” as an individual’s own opinion of whether the individual is male; female; neither male nor female; both male and female; or another designation.

A student may not use a public school’s gender-segregated bathroom if the bathroom does not correspond to the student’s gender. A school district or charter school shall make available to a student reasonable alternate bathroom accommodations if:

(a) the student’s consistently-asserted gender identity does not strictly correspond to the student’s gender; and

(b) the student requests alternate bathroom accommodations.

A Utah Lawmaker’s Take on School Facilities for Transgender Students _ KQED News Fix.


2 thoughts on “Utah (USA)

  1. This proposed House Bill 87 demonstrates that this senator is flaming ignorant of what constitutes someone’s gender identity. This legislation is disrespectful of one’s gender identity, calling it an “opinion”. It is shameful, in that it does not at all address the needs of transgender students in the state of Utah!


    • We don’t like this legislation. However, calling “gender identity” an opinion is pretty accurate. You can’t define “gender identity” without reference to sex stereotypes. It’s not innate. Another word for it would be “fashion.”


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