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'All this bill does is hurt people': HB 538 moves to floor, majority of public testimony was against it

The House Senate Affairs committee sent the bill to the floor with a do pass recommendation.
Credit: (AP Photo/Otto Kissinger, file)
FILE - In this Jan. 11, 2016, file photo, the Idaho State Capitol building is shown in Boise, Idaho.

BOISE, Idaho — House Bill 538 has been sent to the floor on Friday, Feb. 16 by the House Senate Affairs Committee with a do pass recommendation after hearing public testimony. 

If passed, the bill would keep public teachers in K-12 from using a students preferred pronouns if it differs from their birth sex, unless a parent gives written permission. It would also protect teachers and public employees from legal action if they refuse to use a person's preferred pronouns.

The bill was sponsored by Rep. Ted Hill, who said this bill protects the people of Idaho and is all about First Amendment rights. Rep. Hill said the bill was about compelled speech with fear of reprisal and added that was why many teachers did not want to testify. He furthered the forced use of preferred pronouns was caused from a "culture of fear," and a bullying culture and that using they, them pronouns was confusing.

"I call it an ideological inquisition," Rep. Hill said. 

Several members of the committee, including Rep. Bruce Skaug and Rep. Brent Crane asked people who were testifying questions about gender and pronouns. Rep. Crane said the idea of using pronouns seemed to be a "fad." Rep. Crane also said that he identifies as Brent and had questions when trying to understand the shift in culture that brought the need to use a pronoun to identify themselves.

"Why are we using pronouns to identify ourselves," he said.

Rep. Skaug said he saw the bill as being a practical matter because using they, them pronouns promotes chaos when police have to write reports.

Rep. Julianne Young said she had concerns that she could be compelled to say something that she did not believe in.

Rep. Heather Scott asked how many pronouns there were.

However, the majority of the testimony was from people who did not support the bill.

A transgender student from Boise High School, Liliana Rauer, said the bill was hateful but it would not stop transgender people from existing. Her mother, Gretchen Rauer said this latest bill effectively works to take her daughters name from her.

Rev. Sara LaWall from the Boise Unitarian Universalist Fellowship said her church welcomes and supports transgender and non-binary people. Adding she is the mother of a transgender daughter.

"All this bill does is hurt people," Rev. Lawall said.

The Idaho State Director at Planned Parenthood Alliance Advocates, Mistie Dellicarpini-Tolman said it keeps people from being able to self-identify.

An emailed statement from Planned Parenthood Alliance Advocates, Dellicarpini-Tolman stated that throughout the hearing, the committee was able to call transgender people that testified by their correct pronouns, demonstrating it's not hard to do. 

"The recommendation to pass HB 538 is a flagrant show of disrespect to trans, non-binary and intersex Idahoans. We believe in free speech, and everyone makes mistakes. What is not a mistake is the consistent and purposeful misgendering of people that this bill would not only allow, but also reward by granting offenders the ability to sue," she stated.

Rep. Ilana Rubel emailed a statement to KTVB stating the bill was another manifestation of the GOP super majority's bizarre war on transgender kids.

"The bill is poorly-written, unnecessary and will do nothing but bring difficulty to the lives of students and teachers. It is past time to stop tormenting vulnerable minority groups and focus on the real problems like the broken pipes and collapsing ceilings in our schools," Rep. Rubel said.

The bill is expected to be taken up on the floor next week.

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