Physical Privacy Act; created. (HB1612)

Introduced By

Del. Bob Marshall (R-Manassas) with support from co-patron Sen. Dick Black (R-Leesburg)

Progress

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

Description

Physical Privacy Act. Creates the Physical Privacy Act, which requires that a government entity provide for members of the opposite sex separate restrooms and other facilities in a building owned, leased, or otherwise controlled by the entity. The bill provides that, subject to certain exceptions, no individual shall enter a restroom or other facility designated for use by members of the opposite sex. The bill creates a civil cause of action against a government entity for an individual who accesses a restroom or other facility designated for use by members of such individual's sex and encounters a member of the opposite sex if the government entity allowed the member of the opposite sex to use such restroom or other facility or failed to take reasonable steps to prohibit such use. The bill also requires that the principal of a public school notify within 24 hours the parent or guardian of a child attending such school if the child requests to be recognized or treated as the opposite sex, to use a name or pronoun inconsistent with the child's sex, or to use a restroom or other facility designated for the opposite sex. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/03/2017Committee
01/03/2017Prefiled and ordered printed; offered 01/11/17 17103140D
01/03/2017Referred to Committee on General Laws
01/16/2017Assigned GL sub: Subcommittee #4
01/19/2017Subcommittee recommends laying on the table
02/08/2017Left in General Laws

Comments

Kristen Browde writes:

This is precisely the kind of legislation that led to a statewide boycott of North Carolina, costing billions of dollars to the economy of that state and leading to the ouster of its Governor. If this bill is passed in Virginia it will lead to the same sort of economic disaster. What makes it worse is that this legislation is not only unnecessary - there has been not a single report of any problem involving a transgender individual in Virginia - it represents the kind of nonsensical, fear based grandstanding that represents the worst of politics.

The fact is that in the past ten years more politicians have been arrested for criminal/sexual action in bathrooms than transgender individuals. So perhaps if there's fear it should be of sexual predators in bathrooms, the legislator who proposed this should look at his colleagues. Because of the estimated 1.4 million transgender Americans only one has been arrested over the past ten years for this type of crime - and she's where she belongs - in jail... Politicians and, for that matter "Christian" pastors? They're arrested almost monthly.

The bill should be never advance - indeed, the sponsor should withdraw it.

Rob Waters writes:

Virginia is not North Carolina.

Repeat this five times, Delegate Marshall. The Commonwealth should not denigrate or lower herself to such a level where she openly exposes any citizen to discrimination. By proposing a bill that would allow a transgender citizen to be named in a civil action because they used the bathroom that matched their gender and not what the "offended person" thinks their birth gender was shows that Sideshow Bob Marshall is out of touch with the Commonwealth, with the people in House District 13, and that his 25 years in the House have make him an irrelevant leftover from Virginia's past.

Kate Evans writes:

We in North Carolinia have (rightfully) become the laughingstock of the nation over the bigoted and nonsensical HB2 law--a mistake of historical proportions that has resulted in the loss of millions and millions of dollars in state revenue, the defeat of a first-term sitting Governor, and, soon enough, the overthrow of extremist NC state legislators in this year's special election.

What you propose is a "solution" in search of a problem that doesn't exist. It's clear to most folks that this is a naked effort to further stigmatize trans people, who need better protection from violence--not the other way around.

You are embarrassing yourself and your state. Withdraw the bill before you cause further damage to your own career and your state's reputation & economy. And perhaps you should reflect on why you, as an elected lawmaker, feel the need to bully an already-marginaized group of people. Only a person of the weakest moral character would stoop so low.

Jennifer Stout writes:

North Carolina's HB2 has made us a laughingstock and cost us countless tourism and industry dollars. Why on earth would anyone follow in our footsteps? Come on, Virginia, I thought you were smarter than us.

Zack Miller writes:

Well at least it's being carried by Del. Marshall. Let this join the other 97.6% of his bills that didn't pass in 2016!

Karen Adell Scot writes:

Choosing to use state power to discriminate against a tiny citizen minority, Transgender Virginians, who are already facing terrible treatment on every front is a horrible choice.
Transgender people are a rare but normal birth difference formed in the second trimester of development in the womb.
To make a law that creates even more danger for transgender people will add to their chance of physical attack, sexual assault, rape or violent murder in Virginia.
Virginia has historically stood for the promotion of a citizen's right to Life, Liberty and the Pursuit of Happiness guaranteed in safety.
To promote hateful bigotry is diametrically opposed to Commonwealth history and values.
Oppose this terrible bigoted bill.

Ryder goodwin writes:

I grew up in Virginia. I love Virginia. I love the people. Don't let hatred and fear set you back in time. Trans women are women. Trans men are men. Transness is a biological based medical condition and is completely natural. Trans kids are the most vulnerable and it's beyond reprehensible to target them. It's evil.

Dannielle Shochet writes:

As the big scary trans person in the room, I'd like to point something out please:

1. The quote: "Transgender people are a rare but normal birth difference formed in the second trimester of development in the womb." = NO. this has been debunked again and again. did you mean "intersex" instead of transgender? The way that line is worded is awfully close to "defect", which we've worked decades to overcome.

the rest of your comment is spot tf on tho, thank you!

Let me repeat this for people in the back: transgender is not a "condition". It's not something that needs cured, it's not even medically identifiable. it's not predictable, hereditary, genetic, or any other physical manifestation that can be observed.

2. Ever notice how the vast majority of arguments against HB2, and the like, is the state will be "a laughingstock" or "will lose millions". First of all, no one is laughing about North Carolina. No one. And if you are laughing then you clearly don't understand. I've heard people mention lost conventions, sports events, concerts, and except for one person on this thread, almost no one mentions the ACTUAL PEOPLE AFFECTED BY THIS.

We need all the allies we can get, but please be on board for the right reasons.

3. Thanks.

Carolyn Caywood writes:

In addition to all that's been said, please note, "The bill also requires that the principal of a public school notify within 24 hours the parent or guardian of a child attending such school if the child requests to be recognized or treated as the opposite sex, to use a name or pronoun inconsistent with the child's sex, or to use a restroom or other facility designated for the opposite sex."

Has the memory of Leelah Alcorn already faded?

Cathy Combs writes:

We already have criminal statutes that outlaw predatory or violent behavior in bathrooms. Let's not confuse the two issues. Segregation, Mr Marshall is illegal. Our constitution protects against bigotry. It's not just about bathrooms. When laws are drafted and passed for the sole purpose of hurting a group of people, those laws violate our fundamental right to liberty.

Every human is unique and should be honored and valued. What combination of characteristics will you want to discriminate against next time, Mr Marshall?

Let what's fundamentally right defeat this divisive bill.

Loren Ambrose writes:

Yet another bathroom bill just to a swage the knuckle dragging, buck tooth (I apologize for being so rough, but I'm tired of trying to be nice with people who want me to die.) bigots. Doesn't Virginia have any real issues to deal with, rather than trying to dictate where I can go to the bathroom?

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

The ACLU of Virginia strongly opposes House Bill 1612, proposed by Del. Robert G. Marshall (R-Manassas). HB1612 is about invading privacy, not protecting it. Among other things, this bill would require anyone who wants to avoid harassment or an interaction with a government official to carry a copy of their birth certificate on their person anywhere they may need to use a restroom on state property. Transgender people need and deserve privacy, too. Their privacy includes being able to use restrooms that conform with their gender identity without confrontation or hassle. We already have criminal laws on the books that protect everyone from violations of their persons and privacy while in public restrooms. This bill does nothing to protect anyone and only serves to invite public attacks on people using restrooms who do not conform to someone’s expectations of what a person of a particular sex or gender looks like. We already have laws on the books that protect parental interests, including the federal law that assures that every parent has access to the school records of their minor children. We would have hoped that Virginia legislators would have learned valuable economic and civil rights lessons from their colleagues in North Carolina, but certain lawmakers seem committed to taking the Commonwealth down the wrong path.

Similar measures died in committee in 2016, and we are confident that HB1612 is destined for a similar fate.

Dale writes:

Amen to everything you say Danielle. You are spot on. The rights of people in the LBGT community have been downplayed and largely disregarded by our elected officials, particularly those on the far right. This is especially true for transgender people. And while I seriously doubt this bill will ever see the light of day, the fact that we are even having this conversation is sad.

This is not new for Bob Marshall. He introduced similar legislation last year. That bill never made it out of committee. He has a history of introducing legislation that is discriminatory towards women and those in the LBGT community. But somehow, he keeps being re-elected. He represents a portion of Prince William and Loudon counties, which are in Northern Virginia. Northern Virginia is predominately liberal,and the only reason Hillary won Virginia.

Marshall is a dinosaur. No one is going to change his viewpoint. Instead of whining about him, let's work to ensure he's defeated this coming November. I'm a Northern Virginia resident, though not in Marshall's district. But I'm committed to doing whatever I can to ensure he doesn't see another term. He has a small, loyal base which turns out to support him every two years. If we can get people under 40 to show up to vote, I'm certain he will be defeated.

I'm pretty certain this bill will be defeated. Let's defeat Bob Marshall!!

Bible-believer before political partisan writes:

MOST HUMANS FOR MOST OF HUMAN HISTORY did t outdoors! We don't know if they segregated by sex or not.

We do see in an ancient text from the Hebrew Bible - Deuteronomy - numerous commands about excretions:

QUOTE
Deuteronomy 25
9 When you are encamped against your enemies, keep away from everything impure. 10 If one of your men is unclean because of a nocturnal emission, he is to go outside the camp and stay there. 11 But as evening approaches he is to wash himself, and at sunset he may return to the camp. 12 Designate a place outside the camp where you can go to relieve yourself. 13 As part of your equipment have something to dig with, and when you relieve yourself, dig a hole and cover up your excrement. 14 For the Lord your God moves about in your camp to protect you and to deliver your enemies to you. Your camp must be holy, so that he will not see among you anything indecent and turn away from you.
UNQUOTE

So, ALL YOU LITERALiST BIBLE BELIEVING folks:
this is THE command about what you MUST do when you have some orgasm at night! (note: some people may interpret 'emission' to mean pee or poop but that seems unlikely, it is referring to cum)
1. YOU MUST leave your dwelling and community
2. YOU MUST go out to a remote place ("outside the camp" ... away from and dwellings!)
3. YOU MUST stay in the remote place ALL DAY ('until the evening ... at sunset')
4. YOU MUST was yourself before returning to your dwelling at sunset ( that is, the sunset after the night when you have that emission)

and this is THE command about what you MUST do when you have some 'excrement':
1. YOU MUST leave your dwelling and community
2. YOU MUST go out to a remote place ("outside the camp" ... away from any dwellings!)
3. YOU MUST take something to dig and after you pee or poop in the dug hole
4. YOU MUST cover the pee or poop in the hole!

BECAUSE why?

Because Yahweh should not be exposed to your orgasm emissions, pee, or poop! THAT IS THE COMMANDMENT.

INTERESTING isn't it! VERY INTERESTING! ... NO MENTION and certainly NO COMMANDMENT about segregating the place where you go! VERY INTERESTING! GOD might have commanded that; and DID NOT! VERY VERY VERY INTERESTING!

Delegate Marshall MAY NOT CLAIM any support God's commandments here in Deuteronomy ... other than the common courtesy of not leaving cum, pee, or poop where Yahweh would be exposed to it.

Bryant Dameron writes:

According to his bio on this site only 2.4% of Bob Marshall's bills passed last year. I wonder if the voters in his district are aware? Most any other employee that was that unproductive would be fired. Hopefully his constituents get the message and can him soon so he can no longer introduce so many bills that are bad for Virginia.

Sidney Newton writes:

Delegate Marshall ought to be ashamed of himself.

For such legislation to be reasonable we'd need an actual problem with bathroom use. That problem would need to exist in fact - in the real world - rather than in the overheated and prurient imagination of Delegate Marshall and others who tell us we must pass laws based on what those different from the majority *might* do. It's especially offensive to do so in light of the undeniable fact the people in question *are not* doing anything one might reasonably find offensive let alone threatening.

All of this sort of legislation appears to be the adult voice of bullies who, nostalgic for the days of pushing around anyone who dared to look, or act, or think differently in middle school, seek to elevate that shameful behavior and give it the force of law.

Mind your own business in the bathroom Delegate Marshall and stop peeping through stall doors at the rest of us to see what gear we have!

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

The ACLU of Virginia strongly opposes House Bill 1612, proposed by Del. Robert G. Marshall (R-Manassas). HB1612 is about invading privacy, not protecting it. Among other things, this bill would require anyone who wants to avoid harassment or an interaction with a government official to carry a copy of their birth certificate on their person anywhere they may need to use a restroom on state property. Transgender people need and deserve privacy, too. Their privacy includes being able to use restrooms that conform with their gender identity without confrontation or hassle. We already have criminal laws on the books that protect everyone from violations of their persons and privacy while in public restrooms. This bill does nothing to protect anyone and only serves to invite public attacks on people using restrooms who do not conform to someone’s expectations of what a person of a particular sex or gender looks like. We already have laws on the books that protect parental interests, including the federal law that assures that every parent has access to the school records of their minor children. We would have hoped that Virginia legislators would have learned valuable economic and civil rights lessons from their colleagues in North Carolina, but certain lawmakers seem committed to taking the Commonwealth down the wrong path.
Similar measures died in committee in 2016, and we are confident that HB1612 is destined for a similar fate.

Right Way Forward Virginia writes:

This legislation would enable discrimination and invasions of privacy by government against transgender individuals. Existing law already protects people from harassment and violence in public bathrooms. We oppose this bill.

Carolyn Worssam writes:

Wow.. This bill is a separation of sexes not discrimination. As a woman and a woman with children and grandchildren I support this bill because I do not want to subject my great grandchildren to people of the opposite sex using the facilities of their choice for a given day, or participating in sports activities that were meant for a boy and a girl. Biologically boys have a different biological structure than girls. Do you want to be hit by a transgender male in a female sport. Has the General Assembly defined a protection for classes? Why are we having this conversation? If you are biologically a male then you participate in male activities. It was not my choice for you to change your sexual preference it was yours. DON'T INFRINGE UPON MY RIGHTS!!! Vote to support HJ1612 and protect the citizens who voted you into office.
The gay, lesbian, transgender queer community makes up less than 2% of the population and they want us to cave to them. NO!!! We are the majority. Support HB1612.... As women, Do you travel? Do you or your family use the Rest Areas? Do you want to worry if there is a man in the bathroom you need to use? Think about that Ladies?? Call or email the members of the General Laws committee and tell them to vote to support HB1612.