Restroom facilities; use of facilities in public buildings or schools. (HB663)

Introduced By

Del. Mark Cole (R-Fredericksburg) with support from co-patron Del. Nick Freitas (R-Culpeper)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Use of restroom facilities; penalty. Requires the Director of the Department of General Services and local school boards to develop and implement policies that require, respectively, that every restroom designated for public use in any public building on property that is owned, leased, or controlled by the Commonwealth and every public school restroom, locker room, and shower room that is designated for use by a specific gender to solely be used by individuals whose anatomical sex matches such gender designation. Such policies may also provide that a student may, upon request, be granted access, to the extent reasonable, to a single stall restroom or shower, a unisex bathroom, or controlled individual use of a restroom, locker room, or shower. The bill defines "anatomical sex" and provides a civil penalty for a willful and knowing violation. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/11/2016Committee
01/11/2016Prefiled and ordered printed; offered 01/13/16 16103706D
01/11/2016Referred to Committee on General Laws
01/29/2016Impact statement from DPB (HB663)
02/03/2016Assigned to sub: Subcommittee #4
02/03/2016Assigned GL sub: Subcommittee #4
02/04/2016Subcommittee recommends laying on the table
02/16/2016Left in General Laws

Comments

ACLU-VA LGBT Rights, tracking this bill in Photosynthesis, notes:

The ACLU of Virginia strongly opposes this bill. This is one of two bills introduced by Delegate Mark Cole that would impose civil penalties on adults and children who use a bathroom designated for a particular gender where either their "anatomical sex" or their "biological sex" doesn't match the gender designation. The bill denies transgender people the right to use the bathroom that conforms to their gender identity. It is sad to see the number of bills introduced this session targeted at ensuring that schools and other governmental agencies can purposely discriminate against transgender adults and children in Virginia. At a time when we should be working to end discrimination against all LGBT Virginians, and in a state where the overwhelming majority of Virginians agree that such discrimination should end, these bills are nothing more than ineffective, mean-spirited efforts to deny LGBT people in Virginia their constitutional and human rights.

Equality Virginia, tracking this bill in Photosynthesis, notes:

Equality Virginia opposes this bill.

Waldo Jaquith writes:

It's interesting every year to figure out which bill is going to be the one that makes Virginia a national laughingstock. I'm pretty sure this is it. Why? Because of this bit:

For purposes of this section, "anatomical sex" means the physical condition of being male or female, which is determined by a person's anatomy.

Setting aside for a moment the delegate's mistaken belief that genitalia only come in two varieties, this means that the schools have to be in the business of determining "the physical condition of...[students'] anatomy." Unfortunately, the delegate is too squeamish to have the legislature's talented drafters explain which part of the anatomy, but I think a reasonable person would have to conclude that he's talking about penises and vaginas. He's saying that, if a school is dubious that a child is using the correct bathroom, they need to examine that child's genitals to ensure that they match the platonic ideal of genitals embodied by the little stick figure on the bathroom door. And any school administrator that does not do this will be held personally liable and assessed a $50 fine.

So, bring on the national ridicule. Like every year, we've earned it with this bill.

Graham C. writes:

Mark Cole can check my son's genitals when he pries them from my cold dead hands!

Waldo Jaquith writes:

...uh...

Diane L Urbanec writes:

This is one of the more repulsive bills in recent history. Further humiliating an at risk population would surely bring on additional suicides. This cannot pass or teachers will certainly strike. Isn't life hard enough? I'm too angry to type more.

Lloyd Gray writes:

HR663 sinks firmly into perversion. Shame on you Mr. Cole!

ACLU-VA Legislative Agenda, tracking this bill in Photosynthesis, notes:

The ACLU of Virginia strongly opposes this bill. This is one of two bills introduced by Delegate Mark Cole that would impose civil penalties on adults and children who use a bathroom designated for a particular gender where either their "anatomical sex" or their "biological sex" doesn't match the gender designation. The bill denies transgender people the right to use the bathroom that conforms to their gender identity. It is sad to see the number of bills introduced this session targeted at ensuring that schools and other governmental agencies can purposely discriminate against transgender adults and children in Virginia. At a time when we should be working to end discrimination against all LGBT Virginians, and in a state where the overwhelming majority of Virginians agree that such discrimination should end, these bills are nothing more than ineffective, mean-spirited efforts to deny LGBT people in Virginia their constitutional and human rights.

Jarica Davis writes:

http://m.huffpost.com/us/entry/an-open-letter-to-educato_b_9153648.html