Bathroom bill stalls in Senate

Echoing a movement of other states to block transgender people from using the bathrooms of their choice, the Arkansas Legislature had its first hearing Wednesday on a so-called bathroom bill.

The Senate Judiciary Committee heard about an hour and half of debate Wednesday on Senate Bill 774, which would require people use restrooms and showers in schools and other state and local facilities that correspond with the gender on their birth certificate.

But when it became apparent to the sponsor, state Sen. Linda Collins-Smith, R-Pocahontas, that there were not five votes to pass the bill through the committee, she decided to hold off until another day.

If Collins-Smith can get an extra vote from from one of two Republicans who have expressed openness to the bill, she will be able to send the bill on for consideration in the Senate. The first, state Sen. Greg Standridge, R-Russellville, was absent from the committee meeting Wednesday to receive treatment for cancer. Reached by phone later, Standridge said he was not against the bill but he had not had a chance to read it.

The second, state Sen. Trent Garner, R-El Dorado, asked Collins-Smith to make small changes to ease his concerns about people being punished for mistakenly entering the wrong bathroom.

Family Council President Jerry Cox, who joined Collins-Smith to present the bill, said afterward that he was not opposed to Garner’s suggestions. While no action on the bill was taken Wednesday, the committee meeting was an opportunity for opposing committee members to voice concerns and for members of the public to address lawmakers.

No one in the packed committee room signed up to speak in favor of the bill.

“This bill is going to force terribly awkward situations,” said state Sen. Jeremy Hutchinson, R-Little Rock, after using an example where a transgender woman — listed as a man on her birth certificate — would be forced to use the men’s room.

“We can’t legislate everything,” he said. “Human beings are going to be unique. Human beings are going to act in ways that we don’t always agree with, but when you try to legislate every possible scenario, you end up creating — the best intent creates the worst law.”

Collins-Smith said the intent of her bill is to “protect” boys and girls using public restrooms.