Alia Beard Rau

The Republic | azcentral.com

The question of who should use which bathroom has permeated state legislatures, courtrooms, classrooms and political campaigns this year.

Arizona voters overall don't lean strongly either way, according to a new Arizona Republic/Morrison/Cronkite News poll. But the younger and more educated the voters, according to the poll, the more likely they are to believe people should be allowed to choose a restroom "based on how they define their own gender."

Of the 779 likely Arizona voters surveyed, 50.6 percent said individuals "should be required to use the restroom that matches their gender at birth," while 39.3 percent said individuals "should be allowed to use whichever restroom — men's or women's — based on how they define their own gender."

The statewide telephone poll was conducted Oct. 10 to Oct. 15. The poll question's margin of error was plus or minus 4.2 percentage points.

Registered Republicans overwhelmingly supported regulating bathroom access, while Democrats opposed it. Individuals with a bachelor's degree or higher were more likely to support allowing individuals to choose a bathroom, as were individuals age 18-35.

American Civil Liberties Union of Arizona spokesman Steve Kilar said he thought the poll results were an accurate reflection of Arizona beliefs.

"Transgender people are a really small minority of the population and, unfortunately, most of the population hasn't had or do not know that they have had direct interactions with someone who is transgender," he said. "For that reason, there is a lot of fear of the unknown. As more transgender people come out and become more visible, acceptance will increase."

Kilar said younger voters are more comfortable with transgender people because there are more openly transgender younger people than there are in older age groups. As individuals of all ages learn more about transgender individuals, Kilar said, he believes the tide of support will turn quickly.

"We're going to be looking at very different numbers in just a few years," he said.

Kilar said he was concerned the phrasing of the question may have skewed respondents' answers.

"The question wrongly implies that transgender people choose to change their gender, and people are discomfited by this idea of people changing something that's so integral to themselves," he said. "Transgender people are really only changing their outward appearance to match the gender they have always been internally."

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The battle over so-called bathroom bills has played out nationwide this year as Republican lawmakers sought to require individuals to use restrooms, locker rooms and dorm rooms that correspond to the gender with which they were born. North Carolina was the first in the nation to pass such a state law. Transgender individuals have argued that they should have the right to use the facilities of the gender with which they identify.

The Obama administration earlier this year directed schools to allow students to use bathrooms and locker rooms "consistent with their gender identity." Thirteen states, including Arizona, sued. A federal judge in August halted the order from going into effect and last week clarified that the injunction applies nationwide.

The Arizona Legislature this session didn't consider its own version of the bathroom bill, but it could next session.

Sen. John Kavanagh, R-Fountain Hills, in 2013 was among the first lawmakers in the nation to propose legislation setting regulations on access to restrooms. His proposal failed.

The Scottsdale-based conservative legal group Alliance Defending Freedom has been influential in other battlesaround thecountry, and has said that battling sexual-orientation and gender-identity legislation is a priority for the organization in Arizona.

The conservative Center for Arizona Policy also has taken a vocal stance on the issue. Organization president Cathi Herrod said she did not believe the poll results reflect the true feelings of Arizonans on this issue.

"If Arizonans knew what the law entails, we think many more would not want men to use women's locker rooms and showers and be changing with young girls," Herrod said. "I have seldom seen Arizonans as concerned about an issue as I have with this one. It's an issue that we're very concerned about."

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Herrod does not discuss legislation before it is introduced and declined to say whether the Center for Arizona policy would push a bill when the session starts in January to regulate access to bathrooms, locker rooms, dorm rooms and other such facilities.

Democratic lawmakers for the past several years have introduced legislation to add discrimination protections for individuals based on their sexual orientation and gender identity. Republican leadership has never allowed the bills to be heard in committee or voted on.

Kilar said he'd be surprised if any Republican effort to regulate bathroom and locker room access went very far next session.

"I hope by this point they've learned their lesson," he said. "Those bills are both morally wrong and can have drastic negative effects for our state. Just look at North Carolina."

About the Arizona Republic/Morrison/Cronkite News poll