BISMARCK — North Dakotans debated for nearly three hours on Monday, March 24, what constitutes a person's gender.
The discussion stemmed from two bills that would change the way transgender North Dakotans are considered by public entities.
Defining gender as binary
House Bill 1181, which passed the House in February with a 74-13 vote, would define a person's gender in North Dakota Century Code as their biological sex, applying to institutions that receive state funding, such as public schools and state agencies.
Forms and materials used by those entities would have to recognize an individual based on their sex, rather than their gender.
Sponsoring Rep. SuAnn Olson, R-Baldwin, recited previous testimony in Monday's Senate Education Committee hearing, saying a binary definition of gender is "fixed and reliable."
Olson said the legislation protects equal opportunity by barring transgender women from participating in women's sports, adding it preserves gender roles outlined in religions like Christianity, Islam and Judaism.
Committee members questioned how the law would apply to people who are born intersex, to which Olson responded that such a situation is "rare."
Representatives of Concerned Women for America, two Christian lobbying groups and a Bismarck resident provided supporting testimony.
North Dakotan parents, youth advocates and the vice president of governmental affairs for the North Dakota Student Association delivered opposing testimony.
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Faye Seidler, a suicide prevention advocate, noted LGBTQ high schoolers in North Dakota are significantly more at risk of attempting suicide, especially transgender students.
Passing laws to disregard the existence of transgender people adds to the factors contributing to those increasing rates, Seidler said.
"Where does it end? Are we good if this bill passes or, in two years, are we coming back to talk about further ways to exclude trans individuals from these conversations?" she said, adding there is no evidence of negative outcomes from recognizing transgender people in law.
Nearly 40 testimony entries were uploaded ahead of the hearing Monday, with around 85% opposing the bill.
Regulating school bathrooms
Senators then heard testimony on House Bill 1144, which was approved by the House in January with a 73-18 vote.
The legislation bars schools from having "multi-stall" or "multi-room" gender-neutral bathrooms, shower rooms and communal sink areas.
It also outlines a process allowing parents to file complaints about alleged violations of the rule to the school district, which could subsequently be brought to the Attorney General's Office.
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The office would then be tasked with investigating the complaint and bringing it to civil court. A school violating the rule could be fined $2,500 fine per violation.
Sponsoring Rep. Bill Tveit, R-Hazelton, said in the Monday hearing that the legislation seeks to enforce a 2023 law that prohibited transgender students from using school bathrooms and pronouns that match their gender identity.
Rep. Kathy Frelich, R-Devils Lake, mentioned incoming changes to the bill during the Monday committee hearing.
Those changes, which have not been adopted, include grandfathering in schools with bathroom reconstruction projects already in progress and exempting bathrooms used by children in preschool through fourth grade.
When asked by committee members why those grades were chosen, Frelich said it was to preserve privacy for kids who are beginning to menstruate — a topic that encompassed a notable amount of Monday's discussion.
"There are certain types of diagnoses that can cause a young girl to have a very heavy period," Frelich said. "There will be times when they use the restroom and they have to come out and wash their hand. There may be blood on their hands, they may be trying to clean up their clothes."
The same groups who testified in favor of HB 1181 bill expressed support for HB 1144, in addition to a parent from Devils Lake, who said her local school board ignored parents' concerns.
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"What is most troubling is the rationale behind the planned design of the new bathroom facilities appears to be influenced by a desire to support transgender ideology at the elementary level," Kristina Sogge said.
In his opposing testimony, Devils Lake Public Schools Superintendent Ned Clooten said concerns about the bathroom design surfaced after a referendum was approved and two public hearings were held.
The referendum was to bond for school remodeling, including the construction of one-person bathrooms.
"People have accused me of trying to side-step the law; it was the furthest thing on my mind," he said. "If they (transgender students) don't have a bathroom labeled as the opposite gender, they won't be able to enter the wrong gendered bathroom."
Clooten said bathroom designs with communal sinks seek to reduce high rates of fighting and vaping rather than solely accommodating transgender students.
Levi Bachmeier, business manager for West Fargo Public Schools, said his district has turned to communal sink designs in an attempt to solve the same issues.
Parts of HB 1144 "reasonably" apply to the Legislature's attempt to uphold the 2023 law, Bachmeier said, but other parts go "beyond the scope of desired involvement" and "wade into a conversation that should be had at the local level."
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Others who testified in opposition Monday included three North Dakota residents, two youth advocates and the North Dakota Council of Educational Leaders.
Around 50 testimony entries were uploaded ahead of the hearing, with about 10% in favor of the legislation.
The committee made no immediate decision on either bill Monday.
To track this bill, readers can download North Dakota Legislative Daily — a free app available on Google Play and the Apple App Store.
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