Transgender bathroom bill fails in Senate

OLYMPIA — The bill to repeal the transgender bathroom rule failed to pass in the Senate Wednesday. Senate Bill 6443 would have repealed WAC 162-32-060, a rule made by the Human Rights Commission (HRC) in 2015. The rule allows transgender people to enter the bathroom, or other gender-segregated facility, that corresponds to their gender identity.

The bill would also prohibit the HRC from making another rule regarding gender-segregated facilities.

Those who supported the bill cited fear of allowing men access to women’s bathrooms and locker rooms.

Sen. Marko Liias, D-Lynnwood, argued there has been no evidence of danger since the Legislature passed a law banning discrimination against transgender individuals.

The Anderson-Murray Antidiscrimination Law, passed in 2006, protects members of the lesbian, gay, bisexual, and transgender (LGBT) community from discrimination. The 2015 HRC rule is meant to clarify that law in regards to gender-segregated facilities and transgender people.

“No one need be afraid,” Liias said about the HRC rule. “The only thing that’s happened is protection, and dignity, and respect for our fellow Washingtonians.”

Sen. Jeannie Darneille, D-Tacoma, expressed concern that passing this bill would take away rights from the LGBT community.

“I will forever oppose a kind of bill that takes away the civil liberties that I’ve been working towards as an individual in my community since 1981,” Darneille said.

Majority caucus vice chair, Jan Angel, R-Port Orchard, said the bill is focused more on the privacy of children.

“We’re not trying to take people’s rights; we’re trying to address this as a privacy issue for small children,” Angel said.

Angel said the rule should be repealed and revisited in the Legislature. Sen. Doug Ericksen, R-Ferndale, primary sponsor of the bill, also said the issue should be taken up in the Legislature.

“All this underlying legislation does is repeal that rule so we can take another look at it and come up with something that’s practical and safe,” Ericksen said.

Sen. Jim Hargrove, D-Hoquiam, said he did not feel that transgender people were the danger, but he feared sex offenders would pose as transgender to gain access to women’s locker rooms. Hargrove said he wants to work toward a law that will also protect transgender people.

“I hope that as this goes through the process we can be more precise to protect transgender people in our society by giving them reasonable accommodation in a way that does not embarrass them, does not cause them to be fearful, or have any problem accessing facilities for their use, but also considers the rest of the majority,” he said.

Sen. Cyrus Habib, D-Bellevue, said the civil rights of a group are more important than the right of another group not to feel uncomfortable.

“There is no civil right to not be uncomfortable,” said Habib. “There is a civil right to be included, there is a civil right to equal protection, there is a right to dignity, and to the privacy of the individual.”

Two Democrats voted in favor of the bill: Sen. Tim Sheldon, D-Potlatch and Hargrove. Three Republicans voted against the bill: Sen. Joe Fain, R-Auburn; Sen. Andy Hill, R-Redmond; Sen. Steve Litzow, R-Mercer Island.