The controversial issue of transgender bathroom bills is once again making headlines. Back in 2016, North Carolina’s bathroom ban sparked a national uproar, leading to canceled shows, abandoned expansion plans, and relocated championship games. Fast forward to now, and Utah has just passed a similar bill. Surprisingly, the reaction beyond Utah’s borders seems to be more of a shrug.
Utah’s largest businesses have remained silent regarding the legislation. The Sundance Film Festival had just concluded, bringing tens of thousands of visitors to the state. A concert featuring Bad Bunny, a global sensation and queer icon, is scheduled in Salt Lake City. And next month, the NCAA men’s basketball tournament will be held in Salt Lake City as well. When approached for comment, representatives for the NCAA, Bad Bunny, and Sundance did not respond.
In fact, in the years between North Carolina and Utah, nine other states have passed transgender bathroom bills with little fanfare. The lackluster response to these bills raises questions about the nation’s overall attitude towards this issue.
Allison Scott, an on-the-ground activist in North Carolina during the fight against HB 2, describes the current reaction as “very telling.” She points out that these bills continue to grow and increase year after year, returning us to a place worse than where we started.
While the Utah law directly affects the state’s transgender community, the muted response also reflects a broader retreat on transgender rights. In the past, corporate America, elite sports, and Hollywood rallied against such legislation. However, now we see a different landscape.
Utah House Bill 257, officially known as “Sex-based Designations for Privacy, Anti-bullying, and Women’s Opportunities,” restricts transgender people’s access to bathrooms in public schools and government-operated buildings. The law defines “male” and “female” based on a person’s genitalia at birth rather than their gender identity. There are exceptions for those who have undergone gender-affirming surgery and updated their gender marker on their birth certificates.
Critics argue that the law will put transgender youth in dangerous situations, while supporters claim that it prevents sexual misconduct. Representative Kera Birkeland, who sponsored the bill, states that it closes a loophole for predators and only targets offenders who commit “an offense of lewdness.”
Erin Reed, a transgender journalist and advocate, disagrees, saying the legislation will lead to challenges for both transgender individuals and cisgender people using bathrooms. Similar bills have been enacted in nine other states, although North Carolina’s HB 2 went further by barring transgender people from using restrooms and changing facilities that matched their gender identities in most public spaces.
So why has the reaction to these bills diminished? Shannon Gilreath, a professor at Wake Forest University’s School of Law, believes that when people’s own interests are not directly affected by discrimination, they are less likely to respond or care. While a survey shows widespread support for LGBTQ anti-discrimination protections, policies that specifically favor transgender individuals receive less support. However, individuals who personally know a transgender person are more likely to support trans-friendly policies.
Reed suggests that people and corporations have become fearful of provoking the far-right, who have a significant presence on social media and have been known to issue threats of violence. This fear may explain the lack of response from corporations and the hesitancy of politicians to go against the grain.
Despite the diminished reaction, the fight for transgender rights continues. Several other states have introduced their own bathroom bills or legislation that expands existing ones. Transgender activists and allies are working to push back against these restrictive policies, striving for a society that prioritizes inclusivity and equality.
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