A bill restricting the on-campus housing of transgender college students—born from controversy surrounding a Utah State University residential assistant, or RA—is on its way to a final debate on the Utah Senate Floor.
HB269 would limit students’ access to housing based on their biological sex. That means for a college student to live in an all-girls dorm, for example, their biological sex must be female.
The bill also stipulates that only birth certificates, not medical documentation, can be used to verify sex. The birth certificate must also be unamended, unless it was corrected to remove an error.
The bill does not prevent a university from offering non-sex-designated housing, but it does not make this offer a requirement, either.
“HB269 is common sense legislation that provides for greater privacy for students living in on-campus housing,” the bill’s sponsor, Eagle Mountain Republican Rep. Stephanie Gricius, said while introducing the bill to a House committee last month.
The bill was drafted in response to a controversy that gained nationwide attention from Utah State University earlier this year. In early January, Cheryl Saltzman, mother of USU student Avery Saltzman, posted to Facebook complaining that a transgender woman had moved into her daughter's dorm.
Days later, Eric Moutsos—a former Salt Lake City police officer turned right wing commentator—uploaded a series of posts on X about the situation, calling it “a nightmare of wokism that threatens the safety of female residents.” The posts gained millions of views.
Avery Saltzman reportedly requested a room reassignment and was provided a new living space without issue. Her former suite mate, Marcie Robertson, was left to deal with a barrage of online attacks as her identity, picture and living space were all leaked online.
“I would never have chosen to live on campus in an apartment with a man identifying as a woman,” Avery Saltzman said while testifying in support of the bill in front of the Senate Education Committee last week. “No girl should feel pressured to dorm with a male because they feel they have to be inclusive.”
Avery Saltzman said the school’s response to her concerns was “disappointing and frightening.” She testified about her discomfort with her previous living situation while seated next to her former roommate, Robertson, who was waiting to testify against the bill.
“So-called activists online called for my removal from my apartment and published personal details, including my full name, my picture, my email address and where I live, for literally millions of people to see,” Robertson said. “I began receiving harassing and emails with credible threats to my safety.”
Robertson explained how she’s had to ask a friend to walk her home from classes and how the university has had to increase surveillance of her building. She called her experience “excruciating.”
“This legislation is a gross overstep into the university's housing policy and the housing rights of transgender individuals,” Robertson said. “Comfort and understanding is not bred out of shoving us in a corner. It's done by open conversation. This is not the answer.”
The bill was heard by the Senate Education Committee on Thursday, following a 59-13 vote of the Utah House. Committee members listened to about an hour of comments from members of the public, speaking both for and against the bill.
“The flurry of state bills and executive orders has frightened many transgender Americans, and we're often approached by the community fearful that their freedom and their liberties will be taken by the state,” Troy Williams, director of Equality Utah, said.
Cheryl Saltzman also spoke at the hearing and urged the committee to pass the bill.
“This story of my daughter went viral online. Millions of people were stunned that we now live in a world where the feelings and validation of a man pretending to be a woman is more important than a woman's right to female space,” she said.
Andrew Hunting, a USU student who lives in the same dorm as Avery Saltzman and Marcie Robertson, also spoke at the hearing. He said many residents of the building are saddened by this situation.
“The reason I'm in opposition to this bill isn't because I dislike the spirit, but I don't think it gets at what we're trying to get at,” Hunting said. “I think we want both parties to feel respected and valued, and I feel like this is a very uneven-handed way to do it.”
Other opponents of the bill argued it was an overreach of governmental power and that universities should be left to address situations like these on an internal basis. They said this bill is attempting to regulate what are ultimately just roommate disputes.
The Senate committee ultimately voted 5-1 to advance the bill. It will now be heard on the Senate floor and, if approved, would pass to the governor for his signature or veto.
Sen. Kathleen Riebe, D-Cottonwood Heights, was the committee’s only dissenting vote.
“We cannot let language like privacy be used as a weapon for othering and discrimination,” she said. “[Trans Utahns], like all people in Utah, simply want to live their authentic lives free of the kind of discrimination and government overreach that will be imposed by this bill.”
The bill’s Senate sponsor, Pleasant Grove Republican Sen. Brady Brammer, also took a moment to address public comments before the committee meeting closed.
“I do believe that this is the correct policy, with an understanding that there are many that disagree with me,” Brammer said, “and [that] listening does not necessarily mean that the other person does exactly what you want.”