Statistics are usually the best way to convince me in an argument. When my children come to negotiate, they come bearing stats. The journalist in me likes solid sources who have done the research, followed the numbers and reported the straight facts. From there I attempt to make rational decisions. Rationality flies out the window when I see a spider — all are poisonous. Boarding a flight also triggers a layer of irrational thoughts, now more than ever despite knowing it’s far more dangerous to navigate the Weber County roads clogged with very important people who need to get their takeout order. It’s a statistic overridden by fear. This seems to be how the Utah Legislature chooses to govern. Fear overrides statistics, science, basically any fact-based evidence. Nowhere is that more evident than in House District 4 Rep. Kera Birkeland’s House Bill 257.

Despite our toxic air, disappearing lake, housing crisis, water crisis, placing 50th on national per-pupil spending (a tradition for Utah) or any realistic issue the millions of Utah citizens face daily, Birkeland is taking on bathroom safety. She’s the George Costanza of the Utah Legislature. “I will never understand the bathrooms in this country. Why is it that the doors on the stalls do not come all the way down to the floor?” Is that a Costanza or a Birkeland?

H.B. 257, ingeniously named “Sex-Based Designations For Privacy, Anti-bullying, And Women’s Opportunities” as a means to unjustly target individuals by asking for their private medical information. Birkeland’s bill demands that people only use the bathroom of their assigned gender at birth, otherwise they may face criminal prosecution.

How does one find out the sex of another person in the bathroom, especially if they’re not wearing pink or blue? If H.B. 27 by Mathew Gwynn passes, “pantsing” will come with a criminal charge, so that’s out. The bill just asks folks to carry their unamended birth certificate around in case nature calls. Bathroom attendants will no longer pass out paper towels and cologne. Instead, they’ll be asking for your birth certificate. People who don’t accept gender norms will need to pack their proof. If you are in the wrong bathroom, be prepared for a criminal charge. If a mother takes her small son into the bathroom, or a father appears in the women’s restroom to use the changing table, will they be arrested? I’ll admit I’ve wandered into the wrong bathroom.

This is where statistics start coming into play for me. Less than half a percent of the population in Utah identifies as “trans.” What this means is most of the members of the Utah Legislature likely have never even met a trans person. Part 1 crimes (sexual assault, rape, violent crime) committed by trans people are so low there isn’t even a statistic. On the other hand, Part 1 crimes done to a trans person are at an all-time high, with Human Rights Campaign saying 32 trans humans were murdered in the U.S. last year. According to the FBI, 2022 saw the highest rate of hate crimes committed against the LGBTQIA+ community. It seems to be a big enough problem that maybe lawmakers could look into legislation to protect these people? Instead, H.B. 257 is a gateway bill to further harassment, violence and bullying — ironic considering its name. Supporters of H.B. 257 say this bill actually protects this vulnerable part of the population, despite leadership for the LGBTQIA+ community saying it doesn’t. Instead, it creates a target.

Supporters of the bill hope it will protect women and children as they use the bathroom in government buildings. Following those pesky statistics again, women and children aren’t victimized in government bathrooms. They’re most often victimized inside their own homes. They’re certainly not being targeted by the 0.38% of the population who make up the T in LGBT. According to the National Coalition Against Domestic Violence, 1 in 4 women experience severe intimate partner abuse, while 1 in 15 children witness abuse. Sit down and search “domestic violence” and you can find dozens of stories posted in the last few hours highlighting the string of violent crimes committed against women and children by their loved ones.

The most alarming statistic of all is 50% of Utah youth who identify as LGBTQIA+ have contemplated suicide; 81% of trans adults have done the same. Sadly, 42% of this group have attempted suicide. Leadership within the LGBTQIA+ community have called H.B. 257 irresponsible and dangerous. Rep. Birkeland became verklempt defending her bill, saying, “I’ve given it this language because I care. We’re being portrayed as bad guys because privacy is now controversial.” No, Rep. Birkeland, the people who are, know and work for trans humans told you this bill is about targeting an underrepresented group. You and your supporters are choosing to ignore the empirical evidence. Statistics are not leading you — fear is. Facts don’t matter in a culture war.

Irrationality takes over 45 days in January and February as the Utah Legislature convenes. It’s during that time I realize just how rational I actually am. It’s one of the major reasons I enjoy “The Real Housewives of Salt Lake” — at least I’m not that insane.

H.B. 257 is a dog whistle to those looking to further victimize and demonize trans humans. It’s not about protection for women and children, it’s not about privacy, it’s not about facts or statistics; it’s attempting to solve a problem that doesn’t exist. The problem that actually exists is the continued marginalization of Utahns deemed disposable.

Meg Sanders worked in broadcast journalism for over a decade but has since turned her life around to stay closer to home in Ogden. Her three children keep her indentured as a taxi driver, stylist and sanitation worker. In her free time, she likes to read, write, lift weights and go to concerts with her husband of 18 years.

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