Proposed legislation dubbed the “anti-trans bathroom bill” has been deferred to summer study following a discussion in a Senate panel in the General Assembly.
Lawmakers opted to conduct further research and “tighten up” on SB 2781 before further voting during a Senate Judiciary Committee meeting today.
The bill, introduced by Senator Janice Bowling (R-Tullahoma), “makes it a criminal offense for a person to knowingly enter into and remain in a public restroom that does not correspond with the person’s biological sex.”
The amended summary of the bill reads: “Expands the offense of observation without consent to include a person who knowingly enters into and remains in a public restroom that does not correspond with the person’s biological sex.”
The bill would also expand the offense to include “a person that adopts rules or enforces a policy or other work-related guidance for employees or contractors to promote or assist in the commission of observation without consent involving a person who knowingly enters into and remains in a public restroom that does not correspond with the person’s biological sex, in a place where there is a reasonable expectation of privacy, including, but not limited to, a restroom, locker room, dressing room, or shower, designated for multi-person, single-sex use.”
During the meeting, Bowling spoke about this amendment that makes the bill which expands present laws prohibiting citizens from “knowingly spy[ing on] or view[ing]” others “in a place where there is a reasonable expectation of privacy,” if the viewing “would offend or embarrass an ordinary person if the person knew the person was being viewed,” and “was for the purpose of sexual arousal or gratification of the defendant.”
Bowling said, “There’s been a lot of raging debate over the last few years around locker rooms and bathroom access for transgender individuals. This bill prohibits public institutions, which have bathrooms open to the public, from adopting rules which force employees to violate Peeping Tom laws.”
She added when establishments give people the option to use the bathroom they “want to rather than the bathroom that is there according to your biological function,” it gives them the opportunity to “violate and observe people of the opposite sex.”
Senator Paul Rose (R-Covington) said the bathrooms on the Capitol floor are single-use and sometimes lawmakers have to use other bathrooms out of necessity.
When asked how this bill would apply to situations like this, Bowling responded “that person will do their business and get out of there quickly.”
“This is for if you are there and there is a person of the opposite sex and you do gaze on them — look on them — in a way that would make them feel violated,” said Bowling.
Elizabeth Insogna, committee attorney, mentioned that as the amendment is currently drafted, a criminal offense would still apply even if the bathroom was not occupied by another person.
“As the bill is drafted right now, if you knowingly entered or remained in the restroom that didn’t correspond with the person’s biological sex, that would be an offense,” said Insogna.
Senator Kerry Robert (R-Springfield) recommended that the wording and language used in the amendment be “tightened up” as the definition of “remain” had not been clearly defined in the context of the bill.
A motion was made by Senator Jon Lundberg (R-Bristol) to move the bill to summer study, as he mentioned that he had heard from the business community about “concerns” they have regarding the bill, and that he didn’t want to rush something “of this magnitude that could have an negative impact.”
Bowling said that if clarification was needed, she is “glad” for the bill to go to summer study, as it is “timely.”
“I’ve heard from many parents in schools in particular where the boys go in and there’s a girl sitting on the urinal, where the boys go into the girls bathroom, and it’s getting out of hand. We need to stop what’s happening for the sake of privacy and health,” Bowling said.
