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:
(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.