PHOENIX — Arizona lawmakers have jumped in to the national debate over the rights of transgender people with a bill being debated Wednesday that would make it illegal for people to use public restrooms not associated with their birth gender.
Advocates say the measure would be the toughest standard in the nation for transgender people and bathroom use, requiring Arizona residents to use the restroom of the sex listed on their birth certificate.
One local TV station has dubbed it the “Show Me Your Papers Before You Go Potty” bill, a reference to the Arizona Legislature’s sweeping 2010 immigration law.
State and local governments are increasingly adding gender identity to anti-discrimination bans to ward off legal battles, but the delicate issue of what kind of restroom can be accessed by men and women presenting as a gender other than what they were born as remains largely unexplored despite a growing number of people identifying as transgender.
“If you look like a man and you live your life like a man, you should be able to use a man’s bathroom,” said Dru Levasseur, a transgender rights attorney for Lambda Legal, a national gay advocacy group based in New York. “It’s just common sense.”
In Arizona, where Republicans control state government, prominent GOP Rep. John Kavanagh said he was outraged by Phoenix’s effort to increase protections for transgender people. The state’s capital city passed a human rights ordinance last month prohibiting gender identity discrimination at public accommodations.
Kavanagh’s proposal would make it a misdemeanor for a person to use a public restroom, bathroom, shower, bath, dressing room or locker room associated with a gender other than what’s on his or her birth certificate.
Penalties include the possibility of six months in jail. An Arizona House of Representatives committee is scheduled to consider the bill on Wednesday.
Kavanagh said government shouldn’t allow people to use facilities based on “you are what you think you are.” He said he was worried Phoenix’s anti-discrimination ban would serve as a cover for pedophiles who want to expose themselves to children of the opposite gender.
“This law simply restores the law of society: Men are men and women and women,” he said. “For a handful of people to make everyone else uncomfortable just makes no sense.”
Police officers would be able to make judgment calls about when to press charges when, say, a woman uses a men’s bathroom to avoid a long line, Kavanagh said.
Masen Davis, executive director for the Transgender Law Center in San Francisco, said businesses have generally been more active than governments in recognizing equal access rights for transgender people, in some cases to avoid legal challenges. Davis said Arizona’s proposed ban would target people who look different, regardless if they are transgender or not.
“No one should have to live in a world where they have to show their papers to pee,” Davis said.
The hearing is scheduled for 2 p.m. MST.
Filed under: Arizona
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Europe has had unisex restrooms for years so lets get with the program. It is 2013.
Where does the passion come from to make life more difficult and challenging than it already is for people going through the heroic process of becoming real with their gender?
What happens when a transgender female goes into a mens room and vice versa. What if your a Crossdresser who identifies with male or female. Arizona is so far behind, I’ve lived there for 10 years, I own properties there, I am married to a man in Washington State and I am a Crossdresser, not transgender, I know and like what I have between my legs. Arizona won’t even pass safe driver laws, they allow Cell Phones to be used while driving and also texting, the allow a motorcycle rider to drive without a helmet but make it illegal for a bicyclist, Arizona is a joke. I know the right wing are just plain stupid but Arizona and Jan Brewer top that list.
It’s sad that the U.S is so behind in this. I attend George Brown College in Toronto and they now have posters around every washroom informing people that not everyone fits into their notion of gender appearance and identity. Makes me proud, it does.
Can you believe that WE HAVE NOTHING TO WORRY ABOUT EXCEPT THIS ???? BELIEVE ME, IN ARIZONA THERE ARE MUCH BIGGER ISSUES, LIKE HOW TO GET RID OF JAN BREWER AND JEFF FLAKE, ………and HUNGER, AND GREED, AND RACISM (Are you listening, RUSSELL PEARCE ?????)
What inspires me is progressive Governors such as Jerry Brown of CA, Deval Patrick of Mass, what is with the GOP, their IDIOTS.
This is a very ignorant use of the legislative system
stupid. in europe they are for everyone
This makes me sick. Why do i live in America? THE LAND OF THE FREE!?!?
i will just use the restroom before i leave home so i don’t have to deal with this issue..
I have NEVER saw a person in a bathroom and thought “Wow, what if she is transgender? Should I be scared?”
bs.
Dear God, can’t we let people pee in peace? Who gives a crap what kind of equipment someone has? I’ve never seen a strangers goodies in the restroom and in the course of normal events cannot imagine why one would.
I’m reminded of Dale agriffin’s assertion on King of the Hill back in the 90′s, “Men and women using the same bathroom!?!?!! It’s the end of the world!!”
Dale was of course married and shared a bathroom with his wife.
If you honestly care this much about someone trying to take a leak in peace, you’re not only self centered, you’re paranoid.
What-ever! This is stupid!
Family Bathrooms work best.
we use a family toilet all the time with 2 people in my family w/disabilities it just makes sense!
Rep. Kavanaugh is “outraged” that the state would protect the rights of Transgender individuals??!!! OUTRAGED is a very strong word! seriously? is the man losing sleep because he is so OUTRAGED? Well it INFURIATES me to think that an educated adult man, in a position of power could be so flipping IGNORANT!!!!!
What about intersexed people ? Also does this affect others who had thier birth certificate changed but still with the wrong equipment downstairs ?
What if a person looks like a woman and passes as one has a penis? Where does she pee? Your so called “logic” is stupid.
It seems logical that people should use the restroom that goes with the gender they identify with. This also would make everyone more confortable. With private stalls, it is no one’s business what exact organs any person has. We all should be respectful and kind toward other people.
I’d love to follow these outraged people around and first test their exact amount of sex hormone before letting them pee…every single time….see how they like the scrutiny.
Time for unisex bathrooms maybe?
Pretty sad when Oklahoma looks more progressive than Arizona ha ha ha
I agree with the unisex bathrooms if the “others” have such a stupid problem with something so clear.
Once again, the case for gender neutral bathrooms is made.