INDIANA — In a move that has sparked intense debate across the Statehouse, the Indiana Senate approved a sweeping measure late Tuesday afternoon that would mandate bathroom use in public schools and universities based on biological sex.
The bill, which passed along strict party lines, now heads to the House for further consideration.
Originally authored by Senator Liz Brown (R-Fort Wayne), the legislation began as a requirement for the Indiana Department of Correction to house inmates according to their sex assigned at birth. However, the bill’s scope expanded significantly during the drafting and committee phases.
The current version of the bill includes several high-impact mandates:
- Educational Facilities: Students in all K-12 public schools and state universities must use bathrooms, locker rooms, showers, and living quarters that align with their sex assigned at birth.
- Birth Certificates: The bill prohibits any changes to the sex designated on a birth certificate, with narrow exceptions only for diagnosed disorders of sex development.
- Privacy Protections: Sen. Brown argued the measures are essential to safeguard the privacy of women and girls in private spaces.
“Anybody who has been reading the news the past few years… understands the concerns that, particularly, women have had because of the violations on our privacy,” Sen. Brown stated during the floor session. “We’re just saying, if you’re a man, go into your private space. If you’re a woman, go into your private space.”
The bill has met fierce resistance from LGBTQ+ advocates and transgender Hoosiers. Prior to the vote, activists delivered a petition boasting over 1,000 signatures to Senate President Pro Tempore Rod Bray’s office.
Opponents argue the bill creates a “no-win” situation for transgender individuals. Andre Hardy, a transgender man, testified that the law would force him to use women’s restrooms despite his masculine appearance, which he believes would increase the risk of conflict and harm.
“I do not belong in the women’s restroom. I do not want to be in the women’s restroom,” Hardy said. He further cautioned that the bill could inadvertently target cisgender women who have masculine features or styles, leading to increased “violence, discrimination, and harm.”
The bill’s passage in the Senate marks a major victory for conservative lawmakers who have sought to codify biological sex in state law. The House will now review the language, where further amendments or public testimony are expected. If signed into law, Indiana would join a growing list of states implementing similar restrictions on gender identity in public spaces.
