The Mississippi legislature has passed a bill that would allow cisgender folks to sue trans folks for using the bathroom that aligns with their gender identity rather than their biological sex.
S.B. 2753, dubbed the SAFER act, has been sent to the desk of Gov. Tate Reeves (R), who is expected to sign it, according to trans advocate and journalist Erin Reed. The bill requires trans people on college campuses in the state to use facilities aligned with their biological sex. The restrictions also apply to student housing, including fraternities and sororities.
A “private enforcement” provision in the legislation states that someone can “assert a violation of this act as a claim or defense in a judicial or administrative proceeding,” which has been interpreted to mean trans folks can be sued by civilians for violating the bill, should it become law.
State lawmakers approved the bill after two other pieces of anti-trans legislation failed earlier this month after Republican lawmakers were unable to compromise on their provisions before the deadline. One bill would have forced trans people to use facilities in public buildings that match the gender listed on their birth certificates.
S.B. 2753, then, is considered a compromise by Republicans to at least pass some anti-trans bathroom restrictions. Members of the party voted to suspend the legislative deadline rules so that they could pass it.
“I think we go and pass this legislation, because we’re going to have all the other challenges that are going forward,” said Judiciary A Committee Chair Joey Hood (R), according to the Clarion Ledger. “I think this will allow for your work and allow at least for legislative intent from this body.”
But Hood also complained that the bill does not go far enough in discriminating against trans folks, saying the original “had some teeth” and was “something that you can get behind.”
Should Gov. Reeves sign the bill or let it pass without his signature, it will take effect on July 1. Reeves has previously signed laws banning trans athletes from playing on competitive sports teams matching their gender identities and banning trans minors from accessing gender-affirming healthcare.
When Reeves signed the ban on gender-affirming care into law in March, he was joined at the signing ceremony by anti-trans filmmaker and Daily Wire columnist Matt Walsh, as well as activists from Alliance Defending Freedom and Madison County Moms for Liberty, two anti-LGBTQ+ organizations.
