Colorado Makes Public Facilities “Gender Free”

by Susan Brinkmann, OCDS
Staff Writer

(June 2, 2008) The Governor of Colorado has signed a bill that makes all public accommodations, including locker rooms and restrooms, “gender free,” thus allowing transvestites to use the facilities of their choice.

“In other words, anyone – regardless of their biological identity – will be welcome in the men’s or ladies’ room, including cross-dressers, men who self-identify as women, women who self-identify as men, and people who haven’t made up their minds,” said Tony Perkins, President of the Family Research Council.

Senate Bill SB200 adds transgendered people to the list included in the state’s non-discrimination law and bans discrimination based on a person’s religious beliefs, sexual orientation – which will now include transgendered people – in places of public accommodation, housing practices, family planning services and 20 other areas.

The bill was sponsored by Democratic State Senator Jennifer Veiga, who told the Denver Post “I think it’s a step in the right direction for Coloradans and civil rights.”

Not everyone agrees.

“Who would have believed that the Colorado state Legislature and its governor would have made it fully legal for men to enter and use women’s restrooms and locker-room facilities without notice or explanation?” said Focus on the Family founder and chairman, James C. Dobson, Ph.D.

“Henceforth, every woman and little girl will have to fear that a predator, bisexual, cross-dresser or even a homosexual or heterosexual male might walk in and relieve himself in their presence. The legislation lists every conceivable type of organization to which this law applies, including restaurants, bathhouses, massage parlors, mortuaries, theaters and ‘public facilities of any kind.’ Those who would attempt to protect females from this intrusion are subject to a fine of up to $5,000 and up to one year behind bars.”

Thanks to aggressive lobbying by religious leaders and pro-family groups, the bill was successfully amended to remove the term “religion” from various sections and an amendment was added stating that nothing in the bill is intended to impede the free exercise and enjoyment of religious profession guaranteed under the state’s constitution.

However, Focus on the Family representative Bruce Hausknecht said he can’t be certain ministries other than churches would be left untouched. He’s also concerned that the bill will create opportunities for sexual predators to visit the restroom of their choice to find a victim.

“What this bill now does is allow men to go into women’s restrooms and locker rooms and vice versa because we are told that we cannot discriminate against someone with a transgender status,” Hausknecht warns.

Many believe the Democratic Governor signed the bill as a payback to Tim Gill and other rich gay philanthropists who contributed heavily to Ritter’s 2006 election campaign.

“It represents a payback to Tim Gill and two other billionaires who have essentially ‘bought’ the state Legislature with enormous campaign contributions,” Dobson said. “Coloradans deserve better!”

He added: “And by the way, because of the way this bill is written, it is not subject to the initiative process. There is no recourse.”

The bill includes a provision that prohibits a public referendum or petition drive to overturn the law. The only way to reverse it now will be to elect officials who are willing to do so in the future.

“The chance of offending a few people hardly justifies putting everyone else at risk, which is exactly what SB 200 does,” says Perkins.

“For every transvestite who takes advantage of this law, there are a dozen sexual predators who will see this as a chance to put women and children into a vulnerable situation.”

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