All government buildings and private businesses would have to ban transgender people from using bathrooms that align with their gender identity under a new bill heading to the House floor.
House Bill 607 would require these facilities to take “reasonable steps” to comply if it’s signed into law. If they don’t take such precautions, they’d potentially be subject to civil lawsuits.
The Idaho Family Policy Center, which advocates for conservative Christian legislation, wrote the bill. Its president, Blaine Conzatti, said the regulations wouldn’t be onerous.
“They don’t have to post guards at the door. They don’t have to do ID checks before people enter the restroom,” Conzatti said.
Instead, he said it would better ensure privacy and safety for girls and women in public.
Should a person win their civil suit against a business or government entity, they’d receive a minimum of $10,000, plus potential uncapped damages for “psychological, emotional, and physical harm.”
Most testifiers Wednesday morning opposed the bill.
Jodi Dunn, who said he’s an Army veteran born and raised in Pocatello.
As a transgender man with a full beard, Dunn said the legislation would have the opposite of its intended effect.
“In women’s bathrooms, it would also scare others and humiliate me,” he said.
Rachel Anne Pierce, a student at Boise State, said she’s repeatedly been stopped from going into the women’s bathroom because of her closely shaved head.
“I’ve been harassed and made uncomfortable for just trying to pee in between my classes or when I’m studying in the library. And now you’re telling me this could be my reality in public businesses, too,” asked Pierce. “What about my emotional injury? Is that not just as important?”
Idaho retailers also opposed the bill.
Their lobbyist, Pam Eaton, said the threat of a civil lawsuit worries smaller businesses the most.
“The liability for them is greater and they don’t necessarily have employees that can be standing around the restrooms monitoring,” Eaton said.
Some lawmakers on the House State Affairs Committee also pointed out concerns about the practicality of enforcing these policies.
“I’m not sure the policy is going to stop this. It just [reminds me] of when my wife gives me the policy of not getting the ice cream in the freezer. It doesn’t work very well,” said Rep. Shawn Dygert (R-Melba).
Instead, Dygert said he’d prefer to support another bill being considered by lawmakers that would impose criminal penalties on transgender people who don’t use the restroom of their sex assigned at birth.
“I, too, want to see safe spaces for girls and I guarantee you if the individual has to start paying the price … they will think twice about their actions,” said Rep. Stephanie Mickelsen (R-Idaho Falls).
Ultimately, the bill passed out of committee on a 9-5 vote and could be taken up by the full House later this week.
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