Transgender students in Michigan would be forbidden from shared restrooms used by the “opposite biological sex” under a new bill from House Republicans.
The bill introduced Tuesday, Jan. 28, would require trans students to use bathrooms designated for their sex assigned at birth, covering bathrooms and changing rooms in private and public elementary and secondary schools, along with colleges, universities and other educational institutions.
The Michigan House Progressive Women’s Caucus called the bill a “further attack on privacy in an attempt to erase the transgender community.” House Republicans did not immediately provide a statement on the bill.
Advocates for similar bills have argued that the measures are necessary to protect nontransgender girls and women. However, LGBTQ advocacy group GLAAD said there is a lack of evidence to support claims that transgender people endanger anyone when using the restroom that aligns with their gender.
“In reality, all people, including people who are transgender, are concerned about privacy and safety in public restrooms,” GLAAD officials previously wrote on the topic. “Unfortunately, multiple studies show that transgender people often report experiencing denial of access to facilities, verbal harassment, and physical assault when attempting to use public restrooms.”
Although Republicans hold a majority in the House, it is unlikely the bill would pass the Democratic-majority Senate or be signed by Democratic Gov. Gretchen Whitmer.
House Republicans also introduced a bill this week that would require trans athletes’ scores to be recorded based on their sex assigned at birth.
Both bills come on the heels of President Donald Trump last week ordering no federal funding go toward gender affirming care. That same order also declared the U.S. government would only recognize a person’s sex assigned at birth and that the definition of sex is limited to male and female.
Related: Whitmer directs state departments to review compliance with Trump’s orders on DEI, gender
The sports restrictions would only apply to fully or partially publically funded events where athletes compete individually, like swimming, golf, track and field and more. The sporting event also must be divided into separate competitions for males and females.
Trans athletes would still be allowed to participate based on the governing sports body’s guideline, but all of their awards, records and scores would be counted under their sex assigned at birth.
For example, a transgender girl would still be allowed on the girls’ swim team for her school. However, all of her times during a swim meet would be registered against those of boys competing, meaning she would be unable to win a girl’s swim meet.
Bill sponsor state Rep. Jaime Greene, R-Richmond, said her legislation is aimed at protecting female athletes and ensuring a fair playing field. She introduced a similar bill last session.
“Women fought hard for decades to establish Title IX protections and secure equal opportunities in sports,” Greene said. “Allowing biological males to compete in women’s sports undermines these protections and disadvantages female athletes who deserve a level playing field. Michigan’s girls and women have the right to fair competition, and I will continue to fight to ensure they are not sidelined.”
Related: Trans athletes can play sports in Michigan, just not win, under GOP-backed bill
There are very few instances of trans girls and women competing in girls’ high school and college sports, according to college and state high school sports officials.
Michigan High School Athletic Association officials told MLive this week that only two transgender girls out of about 175,000 high school athletes have received waivers to play on girls’ sports teams. All genders are allowed to play on boys’ teams.
National Collegiate Athletic Association President Charlie Baker told a U.S. Senate panel last month that he’s only aware of fewer than 10 transgender athletes currently competing in college sports, according to the Hill.
Related: How will Trump’s gender order affect Michigan’s transgender, nonbinary students?
House Democrats pushed back on both bills, calling them hateful legislation and anti-transgender.
“It is only a couple weeks into the new 103rd Legislature and the Michigan GOP has already introduced hateful and divisive legislation,” said state Rep. Laurie Pohutsky, D-Livonia, Progressive Women’s Caucus chair. “Frankly, both this anti-transgender legislation and President Trump’s executive order disgust me — we need to be building a world with more inclusivity and acceptance, not actively working to alienate certain individuals.”
Neither bill specifies how the biological sex of an athlete or student will be verified. However, Democrats argue that the bills could lead to invasive and dehumanizing “gender checks.”
“As a mom with school-aged kids, it’s clear to me that this makes all of our children less safe. It pushes harmful gender stereotypes not supported by basic science or our lived realities,” said state Rep. Natalie Price, D-Berkley. “Michigan is a state that welcomes people of all backgrounds, and Michiganders deserve a legislature that affirms our fundamental right to live authentically.
“The state should not be weaponized against vulnerable people, against our kids, for anyone’s personal political ambitions.”
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