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Washington Bathroom Restricted to Biological Sex Initiative (2016)

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Washington Bathroom Restricted to Biological Sex Initiative (ITP)
Flag of Washington.png
Election date
November 8, 2016
Topic
LGBT issues
Status
Not on the ballot
Type
State statute
Origin
Citizens

Not on Ballot
Proposed ballot measures that were not on a ballot
This measure was not put
on an election ballot

The Bathroom Restricted to Biological Sex Initiative was a initiated state statute proposed for the Washington ballot on November 8, 2016. Supporters did not submit signatures by the July 8, 2016, deadline.

The initiative would have repealed protections against gender-identity discrimination in certain public-accommodation facilities, required that public schools restrict access to specific facilities based on anatomical or chromosomal sex, and allowed related lawsuits against schools.[1]

This measure had multiple versions that vied for a spot on the ballot.

Measure No. 1504

Ballot title

The ballot title was as follows:[1]

Initiative Measure No. 1504 concerns gender-segregated facilities and civil liability.

This measure would repeal protections against gender-identity discrimination in certain public-accommodation facilities, require that public schools restrict use of specific facilities based on anatomy or chromosomal sex, and allow related lawsuits against schools.

Should this measure be enacted into law? Yes [ ] No [ ][2]

Ballot summary

The ballot summary was as follows:[1]

This measure would repeal Human Rights Commission rules interpreting the Law Against Discrimination as allowing people to use gender-segregated facilities based on gender-identity, restrict similar local laws, and state that, with exceptions, the law does not require allowing use of “private facilities” based on gender-identity. It requires that use of public-school facilities be restricted based on birth anatomy or chromosomes, and authorizes lawsuits against schools granting students access to those facilities based on gender-identity.[2]

Full text

The full text can be found here.

Measure No. 1505

Ballot title

The ballot title was as follows:[1]

Initiative Measure No. 1504 concerns gender-segregated facilities and civil liability.

This measure would repeal protections against gender-identity discrimination in certain public-accommodation facilities, require that public schools restrict use of specific facilities based on anatomy or chromosomal sex, and allow related lawsuits against schools.

Should this measure be enacted into law? Yes [ ] No [ ][2]

Ballot summary

The ballot summary was as follows:[1]

This measure would repeal Human Rights Commission rules interpreting the Law Against Discrimination as allowing people to use gender-segregated facilities based on gender-identity, restrict similar local laws, and state that, with exceptions, the law does not require allowing use of “private facilities” based on gender-identity. It requires that use of public-school facilities be restricted based on birth anatomy or chromosomes, and authorizes lawsuits against schools granting students access to those facilities based on gender-identity.[2]

Full text

The full text can be found here.

Measure No. 1506

Ballot title

The ballot title was as follows:[1]

Initiative Measure No. 1504 concerns gender-segregated facilities and civil liability.

This measure would repeal protections against gender-identity discrimination in certain public-accommodation facilities, require that public schools restrict use of specific facilities based on anatomy or chromosomal sex, and allow related lawsuits against schools.

Should this measure be enacted into law? Yes [ ] No [ ][2]

Ballot summary

The ballot summary was as follows:[1]

This measure would repeal Human Rights Commission rules interpreting the Law Against Discrimination as allowing people to use gender-segregated facilities based on gender-identity, restrict similar local laws, and state that, with exceptions, the law does not require allowing use of “private facilities” based on gender-identity. It requires that use of public-school facilities be restricted based on birth anatomy or chromosomes, and authorizes lawsuits against schools granting students access to those facilities based on gender-identity.[2]

Full text

The full text can be found here.

Measure No. 1507

Ballot title

The ballot title was as follows:[1]

Initiative Measure No. 1504 concerns gender-segregated facilities and civil liability.

This measure would repeal protections against gender-identity discrimination in certain public-accommodation facilities, require that public schools restrict use of specific facilities based on anatomy or chromosomal sex, and allow related lawsuits against schools.

Should this measure be enacted into law? Yes [ ] No [ ][2]

Ballot summary

The ballot summary was as follows:[1]

This measure would repeal Human Rights Commission rules interpreting the Law Against Discrimination as allowing people to use gender-segregated facilities based on gender-identity, restrict similar local laws, and state that, with exceptions, the law does not require allowing use of “private facilities” based on gender-identity. It requires that use of public-school facilities be restricted based on birth anatomy or chromosomes, and authorizes lawsuits against schools granting students access to those facilities based on gender-identity.[2]

Full text

The full text can be found here.

Measure No. 1508

Ballot title

The ballot title was as follows:[1]

Initiative Measure No. 1504 concerns gender-segregated facilities and civil liability.

This measure would repeal protections against gender-identity discrimination in certain public-accommodation facilities, require that public schools restrict use of specific facilities based on anatomy or chromosomal sex, and allow related lawsuits against schools.

Should this measure be enacted into law? Yes [ ] No [ ][2]

Ballot summary

The ballot summary was as follows:[1]

This measure would repeal Human Rights Commission rules interpreting the Law Against Discrimination as allowing people to use gender-segregated facilities based on gender-identity, restrict similar local laws, and state that, with exceptions, the law does not require allowing use of “private facilities” based on gender-identity. It requires that use of public-school facilities be restricted based on birth anatomy or chromosomes, and authorizes lawsuits against schools granting students access to those facilities based on gender-identity.[2]

Full text

The full text can be found here.

Measure No. 1515

Ballot title

The ballot title was as follows:[1]

Initiative Measure No. 1515 concerns gender-segregated facilities and civil liability.

This measure would override state/local prohibitions against gender-identity discrimination in certain public-accommodation facilities, require that public schools restrict access to specific facilities based on sex at birth, and allow related lawsuits against schools.

Should this measure be enacted into law? Yes [ ] No [ ][2]

Ballot summary

The ballot summary was as follows:[1]

This measure would amend the Law Against Discrimination to state that, with exceptions, covered public and private entities may restrict access to "private facilities" to "biologically" male or female individuals regardless of their gender identity and limit state and local regulations governing gender-identity discrimination. It requires that public-school bathrooms and locker rooms open to multiple people. be sex segregated, and authorizes lawsuits against schools that grant students access to those facilities based on gender identity.[2]

Full text

The full text can be found here.

Support

Just Want Privacy led the campaign for this initiative.[3]

Arguments in favor

Angela Connelly, a leading supporter of the initiative, said,[4]

We want to protect transgender kids. ... We want to protect boys. We want to protect girls. It feels like that overly broad [Human Rights Commission] mandate does not do that.[2]

Opposition

Washington Won't Discriminate has led the opposition to the initiative.[3]

Arguments against

Seth Kirby, chair of Washington Won't Discriminate, said,[3]

The fact is that Initiative 1515 will not only encourage more discrimination and harassment and harm transgender people in our community, but it will also have serious financial and legal consequences for our state’s economy, businesses, schools and taxpayers.[2]

Jeremy Wekell, a gay Tacoma resident, said,[4]

If we do start taking these rights, is it not OK for the other gay rights? ... This is sort of a slight retaliation to start whittling away at those rights and those benefits of all the people in our community that don’t match some perfect little ideal.[2]

Media editorials

Support

The Seattle Times printed an editorial on May 9, 2016, saying:[5]

As if those aren’t enough reasons to turn and run from I-1515 signature gatherers, this measure would endanger an estimated $4.45 billion in federal funding for state schools and public universities, according to an analysis by the UCLA School of Law’s Williams Institute.

...
To enforce this discrimination, I-1515 would open schools to lawsuits. Penalties of $2,500, plus psychological or emotional damages, could be levied every time a student encountered a transgender person in a bathroom.

Should this initiative make the ballot this fall, it would add to an already divisive political campaign season. It sends a clear message to teenagers and young people who are wrestling with their gender identity that they are not just unwelcome, but shunned.

Washington voters were among the first in the country to affirm the rights of gay and lesbian couples to marry. That was a proud moment for this state.

In contrast, I-1515 would be an utter embarrassment, an economic disaster and an immoral endorsement of blatant discrimination.[2]

Opposition

If you know of any opposing media editorials, please contact editor@ballotpedia.org.

Path to the ballot

See also: Laws governing the initiative process in Washington

State profile

Demographic data for Washington
 WashingtonU.S.
Total population:7,160,290316,515,021
Land area (sq mi):66,4563,531,905
Race and ethnicity**
White:77.8%73.6%
Black/African American:3.6%12.6%
Asian:7.7%5.1%
Native American:1.3%0.8%
Pacific Islander:0.6%0.2%
Two or more:5.2%3%
Hispanic/Latino:12%17.1%
Education
High school graduation rate:90.4%86.7%
College graduation rate:32.9%29.8%
Income
Median household income:$61,062$53,889
Persons below poverty level:14.4%11.3%
Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015)
Click here for more information on the 2020 census and here for more on its impact on the redistricting process in Washington.
**Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here.

Presidential voting pattern

See also: Presidential voting trends in Washington

Washington voted for the Democratic candidate in all seven presidential elections between 2000 and 2024.

Pivot Counties (2016)

Ballotpedia identified 206 counties that voted for Donald Trump (R) in 2016 after voting for Barack Obama (D) in 2008 and 2012. Collectively, Trump won these Pivot Counties by more than 580,000 votes. Of these 206 counties, five are located in Washington, accounting for 2.43 percent of the total pivot counties.[6]

Pivot Counties (2020)

In 2020, Ballotpedia re-examined the 206 Pivot Counties to view their voting patterns following that year's presidential election. Ballotpedia defined those won by Trump won as Retained Pivot Counties and those won by Joe Biden (D) as Boomerang Pivot Counties. Nationwide, there were 181 Retained Pivot Counties and 25 Boomerang Pivot Counties. Washington had four Retained Pivot Counties and one Boomerang Pivot County, accounting for 2.21 and 4.00 percent of all Retained and Boomerang Pivot Counties, respectively.

More Washington coverage on Ballotpedia

See also

Footnotes