Utah Gov. Cox signed HB257 mandating birth-sex facility use in schools, public buildings, and prisons

On January 30, 2024, Utah Governor Spencer Cox signed House Bill 257, "Sex-based Designations for Privacy, Anti-bullying, and Women's Opportunities," into law the same day it reached his desk. The measure requires restrooms, showers, and locker rooms in public K-12 schools and in government-owned or government-controlled buildings to be used according to a person's sex assigned at birth, and it directs schools to create "privacy plans" for students who are not comfortable using group facilities. In a one-sentence statement, Cox said the bill "increases privacy protections for all."

The enrolled act, codified at Utah Code 63G-31-201 et seq., creates new and enhanced criminal penalties — including a new "loitering" misdemeanor — for entering a sex-designated facility inconsistent with the birth-sex standard, extends that standard to athletic facilities, programs, and events operated by any government entity, and codifies sex-based separation in correctional facilities. Transgender people may raise a defense only by proving they have undergone gender-affirming surgery and changed the sex listed on their birth certificate — conditions that opponents noted are unavailable or unwanted for many. The bill was carried by chief sponsor Rep. Kera Birkeland and floor sponsor Sen. Daniel McCay. It took effect immediately, with certain enforcement provisions beginning May 1, 2024, making Utah one of roughly a dozen states to regulate restroom access for transgender people.

Updates

2024-06-05 — Auditor found no substantiation in 4 of 5 reviewed complaints [5, 6]

After the law's enforcement provisions took full effect on May 1, 2024, a state-run online complaint portal was flooded with more than 12,000 tips, which State Auditor John Dougall — tasked with reviewing alleged violations — described as "frivolous at best and transparent hoaxes at worst." His office identified only five complaints warranting further review. On June 5, 2024, Dougall announced his office had been "unable to substantiate the allegations" in the four complaints it had investigated, though it flagged two unrelated issues and sent letters to the governmental entities named.