Kathleen Gray

Detroit Free Press Lansing Bureau

LANSING — A controversial bill dealing with transgender students and what bathroom and locker room facilities they can use in school was introduced in the state Senate Wednesday, but is unlikely to see any action.

Senate Majority Leader Arlan Meekhof, R-West Olive, assigned the bill introduced by Sen. Tom Casperson, R-Escanaba, to the Government Operations Committee, where he serves as chairman. It’s the committee where bills go to either die or move quickly.

Meekhof said the bill is not a priority and he has no plans to hold hearings on the issue.

But that promise of inaction did not stop Casperson, a candidate for Congress in a district that includes the entire Upper Peninsula and a good swath of northern lower Michigan, from introducing the bill Wednesday that would prohibit transgender women from using bathrooms, showers or locker rooms designated for women and transgender men couldn’t use bathrooms or locker rooms designated for men.

He wasn’t immediately available Wednesday to talk about the bill, but told the Free Press in April when the idea first surfaced that, “Maybe, there’s something there that’s just not right, where we’re mixing these kids together.”

His bill provides a “reasonable accommodation” for transgender students, who could use unisex facilities, single-occupancy bathrooms or a rest room, locker room or shower room designated for use by faculty.

In order to have access to that “reasonable accommodation,” the student must have written permission from their parent, be at least 18 years old or be emancipated from their parents.

Those accommodations are neither reasonable nor acceptable, said Amy Hunter, the liaison for the ACLU of Michigan on transgender issues. Some transgender students could face being kicked out of the house by their parents if they revealed their gender identity, she said.

“The students most at risk for bullying and harassment are put at even greater risk with this bill,” she said, because the separate facilities will bring even more attention to the students and mark them as different.

“There was a time when water fountains had signs over them that segregated people. But segregation is a black eye that we don’t want to repeat,” Hunter said. “It’s one thing to provide a bathroom that is available for anybody’s use, it’s a whole other thing when only one class of people are singled out to use that facility because other folks are uncomfortable with that class of people.”

Democrats in the Senate said the bill is both dangerous and discriminatory.

Casperson's "political ploy puts billions in federal education dollars at risk," said Sen. Curtis Hertel, D-East Lansing. "Singling out students for different treatment is the very definition of discrimination.”



Related:Feds' letter on transgender kids sends 'powerful message' to schools

Casperson’s legislation is a response to a controversial proposed policy being discussed by the Michigan Department of Education and the State Board of Education that advises schools to allow transgender students to use the bathrooms and locker rooms that align with their gender identity.

That advice is part of a much broader proposed policy aimed at ensuring the safety of students who are lesbian, gay, bisexual, transgender or questioning their sexuality. It would only be advisory, meaning schools wouldn’t have to adopt it. State Superintendent Brian Whiston said the State Board likely won’t act on the proposed policy until at least August.

But it’s sparked an outcry from people opposed to allowing transgender students to use the bathroom that fits their gender identity. Casperson called it an “aggressive” policy when he spoke to the State Board May 10 – during a meeting in which 120 people aired their support and opposition to the guidance.

That same week, the U.S. Department of Education and U.S. Department of Justice issues federal guidance that is similar to the proposal in Michigan.

Bills similar to Casperson's have passed or being considered in other states have caused a massive backlash from the business community. North Carolina’s HB2 bill, which among other things restricts access to bathroom facilities for transgender people, resulted in the loss of convention and tourism business, the possible loss of federal education funding and decisions by business to either halt plans to expand or locate in North Carolina.

Some Michigan businesses had the same reaction. Zeeland-based furniture manufacturer Herman Miller said inclusive communities are better for business’ ability to compete in a global marketplace.

“Michigan has made great strides in recent years to attract and retain a high quality talent base, but legalizing discrimination of any kind will severely hinder these efforts,” said Brian Walker, CEO of the company and cochairman of the Michigan Competitive Workforce Coalition. “Lawmakers should instead be focusing on measures to ensure no one can be denied services, housing, or employment based on their sexual orientation, gender identity, or otherwise.”

Andrew Liveris, chairman and CEO of Dow Chemical Company in Midland, said the company supports full inclusion of the LBGT community.

“That’s why we are calling on lawmakers to not only oppose any legislation that would permit discrimination, but to focus on policies that ensure fairness and opportunity for everyone,” he said in a statement."

The bill – SB 993 – was assigned to the Government Operations committee.

Staff writer Lori Higgins contributed to this report. Contact Kathleen Gray: 313-223-4430, kgray99@freepress.com or on Twitter @michpoligal