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On July 1, Florida passed the bathroom bill which penalizes trans people for using gendered public bathrooms. The bill was signed by Governor Ron DeSantis in May.

The bill sponsor, Rep Rachel Plakon said that the bill was not about targeting any particular group of people but it was about having safety in private spaces.

DeSantis said in a press conference that his intent was clear and that a woman should not be in a locker room and having to worry about someone from the opposite sex being in their locker room. This was seen as an obvious dig at the transgender folks use of public facilities.

The Trans

LGBTQ+ advocates say the law is draconian and unconstitutional. Brandon Wolf who is press secretary at advocacy group Equality Florida said that the law was a heinous violation of the privacy of people in Florida, transgender or not and it empowers those who are right wing to police gender expression in public bathrooms across the state.

“Someone deemed not to be ‘feminine enough’ for a women’s restroom or ‘masculine enough’ for a men’s restroom may be harassed and discriminated against, facing criminal charges for simple using the bathroom,” said Wolf in an interview with Them magazine.

He also said that DeSantis regime had launched a systematic attempt to censor and erase them from society. He also said that the bathroom ban would have dire economic repercussions to the state.

What makes the Safety in Private Spaces Act unusual?

Although bills such as this may not be unusual, Florida is the first state to make it a criminal offense. People who use a facility meant for the opposite sex can be charged with trespass which is a misdemeanor. A misdemeanor carries a prison term of up to one year or a $1,000 fine.

Under the Act, biological sex is defined by reproductive capacity. A female is defined as someone who produces eggs and male is defined as someone who produces sperm. Trans people does not seem to agree with these.

Enforcement

Relevant authorities such as schools and public facilities have until April 1, 2024 to provide documentation that they have complied with the law. At the moment it is not clear how this law will be enforced exactly and many feel that this law will also be challenged in the Supreme Court.

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