House lawmakers voted Tuesday to clarify who can use the women’s restroom at the back of the legislative chamber at the Capitol.
Under the new rule, which applies to a single women’s bathroom, only “a person born as a biological female” can use the restroom designated for female representatives.
The rule drew criticism from Democratic members for being unnecessary, difficult to enforce and harmful to women who might need to accompany a young child of the opposite gender into the restroom.
Rep. Melissa Provenzano, D-Tulsa, questioned whether presenting birth certificates would be necessary to use the restroom.
The sponsor of the rule, Rep. Molly Jenkins, R-Coyle, said she did not think providing a birth certificate was necessary and that this step “seems extreme.”
Provenzano then questioned why the rule was necessary at all and pointed out that it only applies to the women’s restroom, not the men’s.
Jenkins said that it was in case a transgender individual tries to use the women’s restroom.
U.S. Congress recently banned transgender women from using the women’s restrooms in parts of the Capitol complex following the election of the first openly transgender person to Congress.
Rep. Annie Menz, D-Norman, asked whether the new rule would require a “cubicle” to be set up for “genital checks.”
She also offered an amendment to the rule which would also ban anyone convicted or found civilly liable of rape from using the restroom. The amendment failed.
Minority Floor Leader Rep. Andy Fugate, D-Oklahoma City, said he was concerned about how the rule would apply to lawmakers helping children or grandchildren of the opposite gender use the restroom.
Rep. Josh West, R-Grove, the majority floor leader, said that as the rule is written, the child would have to be taken to another restroom.
Those who violate any House rules could face censure, which includes losing the right to vote on legislation.
West said that the situations being proposed were hypothetical and asked the lawmakers to use “common sense” when it comes to using the bathroom.
Legislators also clarified that the rule does not apply to those entering for “operations of the House,” like cleaning.
House Speaker Kyle Hilbert, R-Bristow, said the rule is new and he was not sure how some of these hypothetical situations would be handled until such a situation arises.
The rule was part of a larger set that are updated and passed before the start of each legislative session.
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