Louisiana Legislature takes aim at access to bathrooms for transgender people

Shannon Heckt
·3 min read
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BATON ROUGE, La. (BRPROUD) – A number of bills taking aim at the LGBTQ community are being debated at the legislature this week.

HB608 puts into state law a definition of a person’s sex as what is assigned to them at birth. The so-called Women’s Safety and Protection Act was brought by state Rep. Roger Wilder, R-Denham Springs, for fear of transgender women harming biological women in spaces such as bathrooms and locker rooms.

“I, too, have had a family member in high school who has been subjected to having to share private spaces for women without being afforded any opportunity to even express any opposition to it,” said Attorney General Liz Murrill.

The bill defines sex as “an individual biological sex, either male or female, as observed or clinically verified at birth. Gender identity and other subjective terms shall not apply to this Part and shall not be used as synonyms or substitutes for sex.”

It essentially dismisses a person’s gender identity and they must use public spaces that align with their sex assigned at birth.

“Our intent is to send a clear message that Louisiana will preserve the privacy, dignity and safety of its women and girls,” Wilder said.

Domestic violence shelters are included in the bill, but an advocate said they should be taken out for fear of federal funding that requires them to follow gender identity. The advocate said 90% of the funding for the shelters comes from federal agencies and it would be detrimental for them to lose it. Already in the shelters, people are separated for privacy and they said the issue of transgender women causing harm to biological women is not an issue they have seen. Transgender women are among some of the most vulnerable populations and can take advantage of the assistance in these shelters.

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Trans advocates talked about the danger transgender people would face by forcing them into bathrooms they feel they don’t belong in. Transgender children already deal with high rates of mental illness and suicide rates.

“If we separate things by the way, sex is defined in this bill. That kid has to go change with the boys and is subject to some violence,” said Britain Forsyth.

HB608 faced no opposition from legislators and sailed through to its next debate in the full House.

HB98 looked to remove the definition of marriage that is on the books that states it can only be between a man and a woman. The 2015 Obergefell v. Hodges decision has given federal protections to same-sex marriages, thus the law on the books is unconstitutional. The bill’s removal of it was mostly symbolic.

Despite federal protections for same-sex marriage, state Rep. Josh Carlson, R-Lafayette, said the statute reflects Louisiana values. One Baptist advocate went so far as to say Obergefell should be overturned and the law needs to stay on the books if that happens. State Rep. Mandie Landry, D-New Orleans, points to the vote to put that language in statute was over 20 years ago and the shift in support for same-sex marriage has been significant.

The bill was voted to be deferred with the message it could be addressed in the proposed constitutional convention.

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