Uncertainty over Enforcing State Laws on Transgender Bathroom Use

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The enactment of laws dictating which bathrooms transgender students can use in public schools and universities in North Dakota has raised questions on how these rules will be enforced. When these laws were passed this year, the largest school district in the state, Fargo, vowed to disregard them. However, a local Republican legislator advocated for stripping its state funding, a provision the law doesn’t cover.

The situation in Fargo illustrates the uncertainty surrounding the impact of such laws in local communities. Laws regulating bathroom use have been passed in 10 Republican-led states, but their local implementation remains uncertain.

On Monday, Kansas’ GOP Attorney General was scheduled to review their state’s bathroom law before it goes into effect five days later. This interpretation may face challenges.

Even in Florida, a law that threatens educator licenses for non-compliance requires first asking a transgender student or employee to vacate a restroom, and receiving a refusal.

Many schools have gender-neutral restrooms and changing areas, or allow trans students to use staff facilities. In others, trans students avoid restroom use during the school day.

Advocates for transgender rights express concern that these laws may increase bullying, particularly in smaller towns where transgender individuals are often misunderstood, according to Caedmon Marx, a nonbinary student and LGBTQ+ advocacy group member.

Critics argue these laws might not only affect transgender students but also encourage harassment of trans adults and even cisgender individuals.

Representative Susan Ruiz, a Kansas Democrat, fears these laws may open the door for further harassment, referencing her own experiences in women’s restrooms due to her appearance.

North Carolina had passed a bathroom law in 2016 but later repealed it following protests and economic boycotts. A new round of anti-LGBTQ+ legislation started in 2020 with Idaho implementing the first law preventing transgender athletes from participating in girls and women’s sports.

Proponents of bathroom laws argue they protect cisgender women and girls’ privacy and security, even though no evidence supports claims of threats or assaults by transgender individuals.

Republican Representative Robin Weisz from North Dakota pointed out the fear of some legislators of being dominated by a “radical agenda” concerning gender identity.

Laws vary by state. Florida and North Dakota apply their laws to state universities and prisons, while Arkansas has criminalized certain behaviors by transgender adults in public changing rooms. Kansas extends their law beyond restrooms to include other facilities.

The enforcement methods vary as well. For instance, an Oklahoma school district violating the 2022 law risks losing 5% of state funding. In Florida, schools and universities need disciplinary procedures, with educators risking license loss for non-compliance.

However, Alabama, Kansas, Kentucky, and North Dakota laws do not provide any specific enforcement procedures.

Advocates for trans rights fear states might resort to “vigilante” enforcement by private individuals. Sarah Warbelow, legal director for the Human Rights Campaign, expects a rise in lawsuits from people opposed to transgender rights.

All these laws do permit schools to make special accommodations for trans students, such as gender-neutral bathrooms, provided they don’t enter facilities associated with their identified gender.

Despite a challenging climate, there are instances of resistance. For instance, in Lawrence, Kansas, the local district attorney pledged not to prosecute violations of the new law. Similarly, in Fargo, the school board supported Superintendent Rupak Gandhi’s declaration that they wouldn’t comply with rules they believe to be discriminatory.

However, defiance alone may not be enough. State Representative Bill Tveit suggested that laws must have specific penalties to prevent non-compliance. Yet, the North Dakota Legislature won’t convene again until 2025.

Reported from Topeka, Kansas by John Hanna and from Tulsa, Oklahoma by Murphy. Andrew DeMillo in Little Rock, Arkansas also contributed to this report.

You can follow John Hanna on Twitter: https://twitter.com/apjdhanna.

Frequently Asked Questions (FAQs) about Transgender Bathroom Laws

More about Transgender Bathroom Laws

• Transgender rights in the United States
• North Dakota’s laws on transgender students
• Overview of Transgender Bathroom Laws in US
• Florida’s laws on transgender student bathroom use
• Kansas Bathroom Law and its implications