School bathroom rules added to birth certificate gender bill
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A Senate committee advanced a bill Wednesday that would prohibit transgender Hoosiers from changing the sex on their birth certificates.
Why it matters: The bill would codify an executive order from Gov. Mike Braun that a federal district court upheld last fall. LGBTQ+ advocates say it would cause more violence, harassment and discrimination toward an already vulnerable population.
Driving the news: Senate Bill 182 would set the definitions of "sex," "gender," "female" and "male" throughout the state code; prohibit birth certificate changes to the sex originally recorded; and require the Department of Correction to place incarcerated individuals in facilities based on their sex assigned at birth.
- An amendment added Wednesday would also require students in K-12 schools and public colleges and universities to use bathrooms and changing rooms that match their sex assigned at birth, effectively prohibiting transgender students from using facilities that match their gender identity.
- The bill passed the Health and Provider Services committee along party lines.
The big picture: Legislative efforts targeting the transgender community have been on the rise in Indiana and around the country for several years.
- State lawmakers have banned transgender women and girls from participating in school sports and prohibited gender-affirming care for minors.
State of play: Sen. Liz Brown (R-Fort Wayne) said the bill, which she authored, is about safety, ensuring that women are not incarcerated with men, and clearing up differing and confusing definitions of "sex" and "gender" throughout state law.
What they're saying: Many transgender Hoosiers, their families and other advocates testified in opposition to the bill.
- They said identification documents that don't match a transgender person's gender identity effectively out that person every time they have to show ID, violating their privacy and putting them at risk for discrimination and harassment.
- "Updating birth certificates is a crucial part of how people like my child stay safe," said Jennilyn Nichols, mother of a 14-year-old transgender girl.
Zoom in: The late addition of the school bathroom provision is also raising concerns about the effect on transgender students, who already experience higher rates of anxiety, depression and suicidal thoughts than their peers.
- "It would prevent many of the students we serve from safely attending public school," said Kit Malone, speaking on behalf of IYG, which serves LGBTQ+ youth.
The other side: "Women and girls deserve to have their privacy and dignity safeguarded in spaces where they are most vulnerable," said Erica O'Connell, legal counsel with Alliance Defending Freedom, a conservative Christian organization.
- The ADF was one of several right-wing groups that testified in support of the bill.
What's next: The bill moves to the Senate floor for a vote next week.