The Wyoming Legislature is set to consider two bills that would limit transgender people’s access to public or school bathrooms not designated for their natural sex.
One would ban males from using bathrooms and other areas specifically meant for females — and vice versa — in public facilities across Wyoming. It includes public buildings, schools and prisons; and it would give people the right to sue the government for money damages if the government doesn’t take reasonable steps to prevent cross-sex use of those areas.
The other bill focuses only on publicly-funded schools and would put them at a risk of losing accreditation if they violate the mandate to keep bathrooms and changing rooms separate.
Both bills allow and, in some cases require, “reasonable accommodation” like special, single-stall bathrooms for people who don’t want to conform to the bans.
The Also-Prisons Bill
Rep. Martha Lawley, R-Worland, sponsored the more expansive and stronger of the two bills, House Bill 72, titled “Protecting Women’s Privacy In Public Spaces Act.”
If it passes, it will forbid people of one sex entering multi-occupancy changing areas, restrooms and sleeping areas designated for members of the opposite sex, across all public facilities in Wyoming.
It has some exceptions for custodians cleaning such places and other employees performing their duties, as well as for instances in which natural disasters and other emergencies send people to take refuge in those places.
Governments may provide a reasonable accommodation for people who don’t want to comply with the ban, Lawley’s bill says.
If the government causes or doesn’t take reasonable steps to prevent violation of the cross-sex access bans, people can sue that governmental entity for money and attorney’s fees, if they file suit within two years of the offense.
‘Shall’
In the second half of her bill focusing on schools, the language gets stronger and says schools “shall” provide reasonable accommodations for people who don’t want to comply with the ban, if they’ve made a written request for that accommodation to the school.
The school part of the bill also contains more exceptions, such as letting people use the bathroom of the opposite sex if it’s the only one available at the time, or to render medical assistance or receive other help.
The bill would make it so that if the school violates the ban or doesn’t take reasonable steps to prevent it from being violated, a person can sue the school for $5,000 for each violation, plus money damages “for all harm suffered” and attorney’s fees — if the person files suit within four years of the offense.
Home Issue
Lawley told Cowboy State Daily on Tuesday that while campaigning for her seat, she heard more constituent concerns about bathroom, shower and changing room protections than she did about another top issue, property taxes.
Even in her town of Worland there has been a "lack of clarity" surrounding the issue in some facilities, she said, adding that she's also spoken to school officials in Powell, where the issue erupted last fall.
She said she seeks to give four years for school students to sue - twice as long as people aggrieved in other institutions - because with minors, grievances sometimes don't surface for years.
"I feel confident about the bill because I really tried to design a bill that had legally defensible language," said Lawley, who is a retired attorney. "It's important to the people of Wyoming - and you know - this (legislative) process will tell us if I got the policy right or if we need to do some things differently."
The Just-The-Schools-Bill
Prompted by his local school board, Sen. Dan Laursen, R-Powell, has sponsored Senate File 62, which would ban males from entering girls’ school bathrooms and changing rooms, and vice versa.
It contains exceptions, like letting coaches have a team meeting in a locker room if all students are fully clothed and another adult is present.
Rather than offering a cause of action for people to sue the school, the bill says the state Board of Education can strip schools of their accreditation if they violate the ban. It also orders school boards to ensure compliance.
Like Lawley’s bill, Laursen’s would require each school district to provide reasonable accommodation to anyone who doesn’t want to comply with the ban. Those accommodations “shall include a single-occupancy restroom or changing room,” the bill text says.
Laursen did not respond by Tuesday to multiple requests for comment that began Friday.
School Board’s Nudge
The board of Park County School District 1 passed a resolution in November, urging the Legislature to introduce the bill that Laursen is championing.
PCSD1 Superintendent Jay Curtis lamented at the time that the legal landscape on the issue is uncertain, and said the district wouldn’t have to defend itself alone if the Legislature would pass a law separating bathrooms by sex.
Laursen’s district falls within Park County. Other Park County co-sponsors also joined him in backing the bill: Sen. Tim French, R-Powell; and Reps. Rachel Rodriguez-Williams, R-Cody, Nina Webber, R-Cody, Paul Hoeft, R-Powell, and Dalton Banks, R-Cowley (who represents a portion of Park County).
The other co-sponsors, all Republicans, are Sens. Brian Boner (Douglas), Evie Brennan (Cheyenne), Bob Ide (Casper), Jared Olsen (Cheyenne), Tim Salazar (Riverton), and Darin Smith (Cheyenne); and Reps. John Bear (Gillette), Scott Heiner (Green River), Christopher Knapp (Gillette), Pepper Ottman (Riverton), Ken Pendergraft (Sheridan), Robert Wharff (Evanston) and John Winter (Thermopolis).
Big-Bill Co-Sponsors
Lawley’s list of bill co-sponsors includes some of the same names as Laursen’s: Williams, Heiner, Brennan and Olsen.
Other co-sponsors are Republican Reps. Ocean Andrew (Laramie), Abby Angelos (Gillette), Laurie Bratten (Sheridan), Jeremy Haroldson (Wheatland), JT Larson (Rock Springs), Art Washut (Casper), Cody Wylie (Rock Springs) and House Speaker Chip Neiman (Hulett); plus Sens. Barry Crago (Buffalo), and Stacy Jones (Rock Springs).
This story has been updated to include a post-publication interview with Rep. Martha Lawley, R-Worland.
Clair McFarland can be reached at clair@cowboystatedaily.com.