Council President Knapp Explains True Meaning of County's Gender Identity Law

Montgomery County Law Scheduled to Take Effect Today Will Guarentee Rights for Transgender People; Bathroom and Locker Room Choices Not Affected by the Legislation

ROCKVILLE, Md., February 20, 2008 – Montgomery County Council President Mike Knapp said that the County’s new gender identity law, scheduled to take effect today, will guarantee certain rights for transgender people that are already guaranteed for all other residents of the County.  He also criticized opponents who misrepresented the impact of this law by inaccurately claiming that it will require men to be allowed into women’s bathrooms and locker rooms.

Bill 23-07, whose chief sponsor was Councilmember Duchy Trachtenberg, was enacted by the Council by an 8-0 vote on Nov. 13, 2007, and later was signed by County Executive Isiah Leggett. The law was scheduled to take effect today, but is on hold pending the certification of petitions to send the law to a November referendum.

The law will prohibit discrimination against transgender people in housing, employment, public accommodations, cable television service and taxicab service.  For example, under the new law, a restaurant owner cannot refuse to serve someone because of that person’s gender identity. 

While hailing the intent of the legislation, Council President Knapp also wanted to clarify its effect on public accommodations, such as bathrooms and locker rooms.

“We have heard some people are confused about the effect of this new law on how the operator of a public accommodation controls the use of a public bathroom or locker room,” said Council President Knapp.  “Bill 23-07 did not change the law in this area.”

Opponents of the legislation have circulated petitions to send the law to referendum, telling potential signers that the legislation requires men to be allowed in women’s bathrooms and locker rooms.

This is not accurate, Knapp said.  The law still allows the operators of public bathrooms and locker rooms to continue to separate their facilities based on gender identity or biological gender.  For example, a restaurant owner can require a biological male presenting as a female to use the men’s bathroom.  The new law does not require a restaurant owner to allow biological males access to women’s bathrooms, or vice-versa.

“The misinformation being put out about this law really troubles me,” said Council President Knapp. “We guaranteed that certain people in our County will have the same rights as other residents—and that is all we did.  Those who intentionally mislead people about what this bill means will have to explain what is behind their actions, but we want everyone to know exactly what this law is about.”

Councilmember Trachtenberg said the law will have a significant impact on transgender people in Montgomery County.

"As the last few months have shown, transgender citizens can be the target of unpleasant invective and misguided fears,” said Councilmember Trachtenberg. “What this bill does is simply preserve the basic rights transgender people should enjoy along with everyone else—to live and work day to day with dignity, respect and equal protection under the law.”

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