Transgender bathroom restrictions heads to Louisiana governor’s desk

Rep. Wilder is wearing a grey suit with a blue shirt and tie.
Rep. Wilder is wearing a grey suit with a blue shirt and tie.

Rep. Roger Wilder walks back to his desk on the House floor. (Allison Allsop)

The Louisiana Senate easily passed a controversial bill restricting what bathrooms, changing rooms and sleeping quarters transgender people use in public facilities, sending it to the governor’s desk for action. 

House Bill 608 by Rep. Roger Wilder, R-Denham Springs, passed the Senate on a 29-10 vote after less than 15 minutes of discussion. Senate President Pro Tempore Regina Barrow, D-Baton Rouge, voted with Republicans on the bill. Sen. Katrina Jackson-Andrews, D-Monroe, voted against the bill but later added her name as a co-author. 

Wilder’s bill, which he’s dubbed the “Women’s Safety and Protection Act,” would segregate all bathrooms, changing and locker rooms as well as sleeping quarters by sex in public schools, domestic violence shelters and correctional facilities, prohibiting transgender people from using facilities that align with their gender identity. 

When he presented his bill to the House last month, Wilder was unable to point to a specific incident in Louisiana in which a woman or girl was harmed by a transgender woman at a public restroom or changing facility. 

Kate Kelly, a spokesperson for Republican Gov. Jeff Landry, was not immediately able to confirm Landry’s plans for the bill. The arch-conservative governor has openly supported other anti-LGBTQ+ measures, including two that restrict the discussion of gender and sexuality in K-12 schools

The bill also defines the terms “man,” “woman,” “girl,” “boy,” “male” and “female.” These definitions specifically exclude gender identity, which the bill does not define. 

Wilder’s proposal was carried on the Senate floor by Sen. Beth Mizell, R-Franklinton, who authored a law that prevents transgender people from competing in women’s sports

The bill was opposed by several LGBTQ+ rights advocates who argued the bill needlessly harms transgender people. The Williams Institute at the UCLA School of Law estimates there are approximately 20,000 transgender people living in Louisiana

“This bill represents a deeply troubling attempt to deny the humanity and dignity of an already vulnerable population by seeking to eliminate legal recognition of gender identities beyond the binary,” SarahJane Guidry, executive director of Forum for Equality, an LGBTQ+ rights organization, said at a committee hearing on the bill last week

Transgender people tend to experience higher rates of domestic violence and have higher suicide rates than people who identify as the gender they were assigned at birth. While many domestic violence shelters already turn away transgender people, Wilder’s bill would require they do so unless they have the space to offer separate sleeping quarters and bathrooms for transgender people. 

While Wilder pitched his bill as a way to keep women and girls from feeling uncomfortable or unsafe when men enter private areas, the legislation would require a transgender man, even one who has transitioned via hormones and gender affirming surgery, to use facilities designated for women. 

A transgender man is a man who was assigned female at birth. Transitioning refers to actions taken by a transgender person to align their bodies with their identified gender. 

The bill would allow anybody who experiences, or is expected to experience, direct or indirect harm as a violation of the bill to sue, including someone who is retaliated against for pointing out a violation. 

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