An Article on Advocate.com about HB 2801

           In the article Texas Doubles Down on Transphobic Legislation,Adding $2,000 Fine for 'Wrong' Bathroom Use advocate.com writer Sunnive Brydum describes the effects Texas House Bill 2801 would have on trans* students. As mentioned in our previous posts, HB 2801 requires:
 

“School districts to adopt a policy that only students of the same biological sex may be present at the same time in any school bathroom facility.  It details the school's liability if a student encounters someone of a different sex in their bathroom facility, including $2,000 in damages, as well as attorney's fees and court costs.  This bill stipulates that schools should provide an alternative-use facility for students whose gender identity is different from their biological sex, but does not require that schools construct any such facilities.” (Previous Post)

Texas House Representative Gilbert Peña, who introduced HB 2801

            Brydum details how HB 2801 would affect trans* students, cis students, and the schools themselves should this bill pass. Trans* students would face increased criminalization of their right to gender self-determination. Cis students would be rewarded $2,000 or more for proving that they shared a restroom with a person who is not of the same “biological sex.”

Schools would be highly impacted by this bill because they would be subjected to expensive litigation costs and fines if they decide to respect the gender identity of their students. Furthermore, schools would be liable if:

“"if any employee of the district: (1) knew that the person was not of the same biological sex for which the bathroom, locker room, or shower facility was designated; and (2) permitted the person to enter or failed to take reasonable steps to prevent the person from entering the bathroom, locker room, or shower facility."

            The advocate.com article notes that HB 2801 was introduced after Texas State Representative Debbie Riddle’s HB 1748 & HB 1747 (see previous entries). Pena updated HB 280, imitating the

House Representative Debbie Riddle, who introduced HB 1748

language used in Riddle’s bills.  

There are some exceptions to both Riddle’s and Pena’s transphobic bills; allowing custodial and maintenance staff, parents helping children under the age of 5, individuals helping those with disabilities, and those delivering medical care to enter bathrooms that don’t match their sex assigned at birth. 

Florida and Kentucky have bills that are similar to HB 2801. So far Kentucky has approved their bill in the Republican-led senate in February 2015. The author of this article points out that Texas, Florida, and Kentucky all seem to be ignoring how the trans* population is at greater risk of harassment and violence in restrooms than cis individuals. Also, according to the National Center for Transgender Equality, 59% of trans* students say that they are not allowed to use school restrooms that match their gender identity. Furthermore, these bills are likely to increase harassment and stigmatization towards trans* students, as well as cause this population to disengage or drop out from school.

The one piece of good news is that “in 2004 the Department of Education stated that gender identity is protected under Title IX of the Civil Rights Act of 1964.” However, this is clearly not enough to eliminate transphobic bills from being introduced in various states.

  Brydum closes the article by discussing why much of this legislation is being presented. Based on public testimony, much of the legislation comes from the fear that trans* women will attack ciswomen and children. However, this is an unnecessary fear as demonstrated by the fact that there have never been any reports of attacks by trans* individuals attacking or harassing cisgender people. Nor have their been any cismen posing as transwomen in order to attack women or children.