Arkansas lawmakers have voted to advance a bill requiring public school students to use bathrooms and changing facilities corresponding to their sex assigned at birth.
House Bill 1156 passed through the Senate Education committee Wednesday with only two Democratic lawmakers, Sens. Greg Leding and Linda Chesterfield, audibly voting against it.
Along with restrooms and changing facilities, the bill would also require public school students to share sleeping accommodations on overnight trips only with students of the same sex assigned at birth. School officials found to be in violation could face a minimum fine of $1,000, as well as additional sanctions determined by the school board.
Republican Sen. Dan Sullivan, the bill’s co-sponsor, responded to questions from Democratic lawmakers as to how schools would determine individual students’ sex assigned at birth when attempting to enforce the law.
“The school will have training for their staff on how to measure this and how to mandate it, and all schools are different and all schools will have a different approach. The important part is that all schools are accountable with the law,” Sullivan said.
Lawmakers also debated over the constitutionality of the bill, and whether or not it discriminates against students based on their gender identity. The bill’s primary sponsor, Rep. Mary Bentley, cited Supreme Court opinions that similar laws don’t discriminate against students based on sex. But Sarah Everett, policy director with the American Civil Liberties Union of Arkansas, cited at least three federal appeals court decisions striking down similar laws in other states.
Ginny Lauren Dowden with the Washington County chapter of the group Moms for Liberty spoke in favor of the bill, saying it would help keep transgender and nonbinary students safe.
“The question really before you know is do we as a society continue to adhere to the age-old biological fact that men are men and women are women or not? This reality does not diminish the value of anyone, but accommodations must provide trans student with privacy and protection. But that same privacy and protection must be provided to all of our students,” Dowden said.
Olivia Gardner, education policy director at Arkansas Advocates for Children and Families, disagreed with Dowden, saying it could possibly lead trans and nonbinary students to be further ostracized at school.
“I am sure that everyone here wants children to be safe in school bathrooms, but there is simply no research to support the notion that transgender children pose a threat when they use a bathroom that corresponds with their gender identity,” Gardner said. “Research shows that three-quarters of transgender children surveyed felt unsafe at school, and transgender people are at a very high risk of experiencing violence, starting even before adolescence.”
Another member of the public, Lance LeVar, said lawmakers should not draft legislation concerning trans and nonbinary youth without consulting them first.
“This is an adult issue that kids know how to handle, and we are projecting our concerns and our fears and our misunderstandings onto the youth instead of listening,” LeVar said. “I would ask if you’ve not sat and spoken one-on-one for a period of time with any of our transgender youth, then please don’t vote for this bill until you have.”
Public comment was limited to two minutes at Wednesday’s committee meeting. Some members of the public were also restricted from physically entering the committee room at the Arkansas State Capitol due to overcrowding.
The bill now goes to the full Senate for a final vote before going to Gov. Sarah Huckabee Sanders for a signature.
