Utah's HB 257: A Trans Survival Guide

Introduction

On January 30th, 2024, Utah Governor Spencer Cox signed HB 257, a nasty bit of legislation which most media outlets have reported on as a 'transgender bathroom ban.'1

Here's the good news (at least for trans adults): while the bill as introduced did threaten most trans people who used a bathroom aligned with our gender identity with criminal penalties, subsequent revisions altered some key the language so that criminal penalties purely for entering the bathroom aligned with your gender identity are no longer present.

while you may have heard that these changes were 'rolled back' at the last minute, that's not quite what happened. The alterations made at the last minute were largely definitional changes and penalty enhancements. While these modifications may enable police and other public agencies enact further administrative violence against trans people, I do not personally feel they create the criminal framework for the bill to merit the title 'adult bathroom ban.'2

So, if it's not a bathroom ban, what does the bill actually do? Well, it absolutely has legal implications that trans people ought to be aware of to keep ourselves safe (legal implications that will be litigated in federal court). But, the way I see it, the primary purpose of this bill is social. It is designed to signal animus towards transgender people, and to encourage trans people to self-police beyond the criminal scope of the bill.

This is why I don't personally think it makes sense to call this bill an adult bathroom ban: while doing so may generate attention and correctly communicate the intent of the bill, I worry doing so will actually play into that intent by creating the perception that trans people face criminal penalties when, in the vast majority of circumstances, we do not.

In order to combat this perception (and provide support for business and institutional allies to communicate that trans people are still welcome here), I've put together resources to help you understand what the bill does and does not do, and to help create an environment of safety and care for trans people, regardless of what the legislature wants.

I encourage you to share these resources widely, and print out any of the documentation herein and poster it at your local bathroom. This content will be updated, so I encourage you to check back regularly.

Trans People will Live Forever!

Links and Resources

HB 257: An Exhausted Policy Analysis (Coming Soon!)

For the nerds out there. I've read this bill more times than I care to count. I think I get what it's doing, and why, and maybe sharing that information will help people oppose it.

The 'Can I Pee' Flowchart

A printable flowchart to help trans people determine if it is (to the best of my knowledge) legally permissible for us to use the bathroom in Utah. There's also an annotated version. Please don't hesitate to let me know if you spot any errors in either of these.

SLAQC Letter to Partners

A letter from Salt Lake Area Queer Climbers (SLAQC) to partner climbing gyms identifying steps that climbing gyms can take to protect their trans patrons in the face of HB 257.

Bathroom Inclusion Sign

A example of a relatively mellow sign a private business could put up to indicate that they are welcoming to transgender people. This version is entirely factual and not particularly legally murky: the trespassing penalties and governmental restrictions under Section Three do not apply to any private businesses.

Bathroom Inclusion Sign (Spicy Edition)

This is an example of a more spicy sign that a private entity could post to indicate they are welcoming to transgender people and to try to protect trans people from the penalty enhancements imposed by this legislation if the trans person is accused of Lewdness, Loitering, or Voyeurism.

The Salt Lake Trib's read on HB 257

The Trib makes some assumptions about the implications of the change in the definitions section that I don't think will be borne out. Still, their reporting on this issue has been invaluable.

Email Me

Have you figured out a way to effectively communicate what HB 257 does and does not do? Made some rad agitprop that will help lead to the next Stonewall? Put together a badass political ad that serves as an effective electoral cudgel against the people that voted for this bill? Drop me a line, and we can talk about hosting and / or featuring your work on this page!