Critics say Virginia proposal could require genital inspections of transgender students

“A Republican lawmaker in Virginia is so concerned over which bathrooms transgender people use, including children at school, that he is proposing a law that would fine them $50 each time they enter a restroom that doesn't match their ‘anatomical sex,’” the Huffington Post reported today.

Virginia Delegate Mark Cole introduced HB663, “Use of restroom facilities; penalty” in the states House of Delegates. The bill requires restrooms in public buildings “to solely be used by individuals whose anatomical sex matches such gender.” The measure provides for a fine not to exceed $50, for any person who “willfully and knowingly violates this section.”

Cole defines “anatomical sex” as “the physical condition of being male or female, which is determined by a person's anatomy.”

He then continues in a section requiring school boards to follow the same provisions, and that any student who violates the law would receive a fine of up to $50. The bill says, “Local school boards shall develop and implement policies that require every school restroom, locker room, or shower room that is designated for use by a specific gender to solely be used by individuals whose anatomical sex matches such gender designation.”

Towleroad.com, says “As Crooks and Liars points out, ‘the only way for anyone to determine such a thing would be to examine each student’s genitalia as they enter the restroom.’”

RawStory.com quoted civil rights advocate Tim Peacock, who said essentially the same thing. Peacock then went on to say, “’This is what the conservative movement has devolved into: forcing children to allow adults to examine their genitals out of misplaced fear that transgender kids and adults might commit a hypothetical never-before-seen act of violence or sexual aggression (that would still be against the law with or without transgender protections),’ Peacock wrote.”

HuffPost wrote, “The proposal comes just months after a transphobic campaign over toilets was used to defeat a civil rights measure in Houston. It may also be a response to the well-publicized legal battle between a Virginia transgender teen and his school district over the right to use the boys' room.

"’It is sad to see the number of bills introduced this session targeted at ensuring that schools and other governmental agencies can purposely discriminate against transgender adults and children in Virginia,’ ACLU of Virginia Executive Director Claire Guthrie Gastañaga said in a statement.

“She called bills such as this one ‘nothing more than ineffective, mean-spirited efforts to deny LGBT people in Virginia their constitutional and human rights.’"

The Gayly – January 13, 2016 @ 1:10 p.m.