Arkansas Bill Would Ban Students From Using Opposite-Sex Bathrooms, Changing Rooms

A classroom in Tustin, Calif., on March 10, 2021. John Fredricks/The Epoch Times

An Arkansas state House committee has advanced a bill that would require all school students to use the bathrooms that correspond to the biological sex listed on their birth certificates, with the bill’s sponsor insisting that children have a “right to privacy and to feel safe” in school bathrooms.

House Bill 1156 (pdf) would apply to public schools and open enrollment public charter schools. In addition to restrooms, the rule would also apply to other places at the school where individuals might be in “various stages of undress.” This includes changing rooms, shower rooms, and locker rooms.

Principals, superintendents, teachers, and administrative heads of schools who refuse to comply with the law could be subjected to a $1,000 fine and other potential sanctions by the state’s Professional Licensure Standards Board, the bill states.

Parents or legal guardians of students from these schools will have a “cause of action” against the schools if a student encounters a member of the opposite sex in multiple occupancy restrooms or changing areas.

Protecting Children

The bill’s critics insist that it would not solve any actual problems. However, its sponsor, Republican state Rep. Mary Bentley, disagrees.

She pointed out that the legislation will protect students. Bentley said that before filing the bill, she spoke to members of a local school board that implemented a similar policy in 2022.

The bill would also require schools to provide “reasonable accommodation” to students who are unwilling or unable to use the group restrooms and changing rooms of their sex. This could include individual bathrooms or changing rooms.

The bill has been criticized by Cathryn Oakley, state legislative director and senior counsel of Human Rights Campaign, a large LGBT civil rights group.

“For states to be passing these kinds of bills at this point is really them issuing a challenge to the federal government and saying, ‘We know that this is what you think the law says and we’re ready to do battle with you,’” Oakley stated.

Other Arkansas Legislation

The state of Arkansas has taken several steps to limit the influence of gender ideologies on children. In March 2021, Republican Gov. Asa Hutchinson signed a bill banning biological male students from competing in female sports.

Arkansas was also one of the first states to enact a law prohibiting the medically-assisted gender transition of minors—also known as “gender-affirming care”—including administration of cross-sex hormones and elective surgeries to change the minor’s physical appearance.

The Arkansas Senate recently passed legislation seeking to restrict the location of drag shows. The bill was passed by the Republican-controlled Senate in a 29–6 vote along party lines. The proposal would classify locations that allow drag performances as “adult-oriented businesses,” which would prohibit such performances from occurring within 1,000 feet of schools.

“If you need your child to be entertained by a big human in a costume, take them to the circus or something,” the bill’s sponsor, Republican state Sen. Gary Stubblefield, said about the issue, noting that children viewing drag shows is a “violation of their personal boundaries.”

The drag show bill now goes to the Arkansas House, which is majority Republican.

The Associated Press contributed to this report.