SPONSOR: Phelps
COMMITTEE ACTION: Voted "Do Pass" by the Standing Committee on Emerging Issues by a vote of 10 to 4.
The bill defines "biological sex" as the biological indication of male or female in the context of reproductive potential or capacity, whereas "gender" is defined as the psychological, behavioral, social, and cultural aspects of being male or female. The bill also defines the terms "school", "institution of higher education", "single-occupancy facility", "multi-occupancy facility", "family facility", and "public building".
This bill requires multi-occupancy restrooms, locker rooms, changing rooms, and shower rooms found in public buildings, schools, and institutions of higher education to be designated with clear signage for the exclusive use of person of the male biological sex or female biological sex. A member of the male biological sex will not be permitted to use a multi-occupancy facility that has been designated for the exclusive use of persons of the female biological sex, and a member of the female biological sex will not be permitted to use a multi-occupancy facility that has been designated for the exclusive use of persons of the male biological sex.
The bill specifies that a multi-occupancy facility must not be designated for use by persons of a particular gender or genders instead of, or in addition to, persons of a particular biological sex. However, this provision does not prohibit family facilities. Schools are prohibited from allowing members of the male biological sex and the female biological sex from sharing overnight accommodations in any setting where students are staying overnight, including school trips.
This bill requires policies adopted in accordance with these provisions to include accommodations for persons who request them, to include the use of single-occupancy facilities.
The bill sets forth exceptions to the above rules for the following individuals:
(1) A child under ten years of age who is being assisted by a parent, legal guardian, or family member, as well as the parent, legal guardian, or family member who is assisting such child; (2) A person with a disability who is being assisted by another person, as well as the person assisting such person with a disability;
(3) An employee whose job duties require them to enter a multi- occupancy facility that is designated for a biological sex that differs from such employee's biological sex; or
(4) A person who enters a multi-occupancy facility that is designated for a biological sex that differs from the person's biological sex because the person reasonably believes he or she is responding to a legitimate emergency.
Failure to comply with the provisions of this bill will result in the revocation or withholding of state funding for the entity operating a public building, school, or institution of higher education.
This bill is similar to SB 597 (2025).
PROPONENTS: Supporters say that the provisions of this bill are not an attempt to exclude anyone, but rather as a means of protection for the school's students. Supporters further state that without these protections, female students are at risk of uncomfortable or even dangerous situations, and the primary objective of a public school is to ensure that students are safe from harm.
Testifying in person for the bill were Representative Phelps; Issachar LLC; Missouri Catholic Conference; and Arnie Dienoff.
OPPONENTS: Those who oppose the bill say that people who identify as trans are not trying to harm people when they use the bathroom. Opponents further state that the provisions of this bill will lead to more harassment of trans kids and a loss of revenue to the State as more people leave Missouri. Opponents also state that it would be nearly impossible to enforce these provisions, especially since there are no reported incidents of people being harmed by trans people.
Testifying in person against the bill were Amy Sapphire; Ariella Allen; Travis L Simons; Temara Jasmine; Nicholas Tatum, In Tact; Samantha Jones; Scott Hammack; Cory Dewald, Pro Mo; Andrew Robert Trask (Luna); Abortion Action Missouri; Alexi Vasquez; Britney Jolene Hochman; Carla Kreegar; Christine E. Reynolds; Dustin Turpin; Keith L. Brown (Kathleen), Trans Liberation Columbia; Landon (Lana) Patterson; Mandy Monsees; May Hall; Mordecai Kreegar; Reverand Meagan Mclaughlin; Rhiannon Trask; American Civil Liberties Union of Missouri; Stevie Miller; and Suzanne Mcginnis.
Written testimony has been submitted for this bill. The full written testimony and witnesses testifying online can be found under Testimony on the bill page on the House website.
Statutes affected: