Chants of “Hey hey! Ho ho! Transphobia has got to go!” and “Trans rights are human rights!” were alternated with emotional speeches and chalk drawings as demonstrators rallied in support of transgender rights on the state capitol steps on Jan. 30. This was not a random political protest though; many participants would later attend and testify at the Utah senate education committee hearing for HB 269. This bill imposes restrictions for transgender students in university owned housing.
Rally attendees came from different backgrounds: some were members of the trans community, some were family members, some were allies. They expressed support for the transgender community and expressed concern about pending and existing legislation.
“I really want them [lawmakers] to get to know trans people and their actual lived experiences. I want them to make laws based on not what they think is the case or what they think might happen.” Nate Hoffman, a local volunteer, said, “I want them to look at statistics. I want them to look at real life scenarios.”
Rio a nonbinary person at the rally, spoke to the challenges that the transgender and other communities were facing, reminding them that they need to “…remember that their joy and their existence itself is a protest against those things. That it’s very important to take care of themselves and to reach out to others to ensure that they are also taking care of themselves.”
Introduction to HB269
On Jan. 3, 2025, a post appeared on Facebook:
“A biological male (trans with she/her pronouns) just moved into my daughter’s dorm (Merrill hall) on Utah State university’s campus…”
The post and subsequent updates from Cheryl Saltzman went on to describe how her daughter Avery felt uncomfortable living with a transgender woman and requested to transfer apartments.
The request was granted by Utah State University and Avery Saltzman moved apartments.
The response from the internet was more divisive. Many posted in support of the Saltzmans, seeing the situation as a violation of a woman’s right to privacy. Others felt that, as no criminal charges were alleged, a roommate’s dispute had been overblown because one of them was transgender.
Marcie Robertson, a transgender woman, was living at Merrill Hall and working as a Student RA. Within days of the Saltzman post, Robertson, the transgender student referred to in the post, began to receive threats online.
As The Salt Lake Tribune reported, Robertson’s personal information including her address, her picture and her email were posted on X by supporters of Cheryl Saltzman.
Past Utah Transgender Legislation
The protest and hearing are the latest in a chain of anti-trans legislation. In 2022 Utah passed HB 11 which banned most trans athletes from competing in school sports on their chosen teams.
In 2024 Govenor Cox signed HB 257 which banned trans students from bathrooms in public buildings aligning with their gender identity.
The same year, HB 261 (the anti-DEI bill) required universities to remove or rename any diversity, equity and inclusion programs—many of which were designated safe spaces for transgender students.
HB 269 requires transgender students at universities with on-campus housing to live in gender neutral housing or housing that aligns with their sex assigned at birth. The bill does describe gender neutral housing, but it is unclear if that is limited to a one-person studio apartment. Utah Valley University does not own any student housing.
These recent bills are in stark contrast to the passage of SB 296 in 2015, the lauded bipartisan “Utah Compromise” which gave sexual orientation and gender identity protected status and protected religious freedoms.
Senate Committee Hearing
The Senate public hearing section of HB 269 Committee vote lasted for one hour and seven minutes. Twenty-seven people spoke, some were members of the public, some identified themselves as lobbyists or members of political organizations like Utah Parents United and Equality Utah. Both the Saltzmans and the Robertsons spoke about the bill at the hearing.
Ten people spoke in favor of the bill, seventeen spoke against.
Due to the large public presence, the committee decided to hear alternating three-minute testimonies until the cutoff point when the remaining seven people opposed to the bill already in line were allowed to speak. Opposed speakers outnumbered those in favor at both the senate and house committee public hearings. This uncommon structure meant opposed and in favor speakers were seated next to each other during testimony.
Some in favor of the bill felt that it was a good compromise for students concerned about privacy and inclusion. “It’s trying to strike a balance and I love that it’s offering for, it says universities have to require that there is a space for people that want to have a gender neutral space.” Diane Livingston, Legislative director of Worldwide Organization for Women said at the public hearing Jan. 30.
Throughout this story many, both online and at the capital, have referenced the irony that as the direct result of a bill advocating for college students’ privacy, a university student’s personal information was published.
“Where was that concern for privacy when I was doxed? Where was that concern for privacy when I had to enlist the help of friends to walk me to and from class for fear of my own safety?” Marcie Robertson said during the hearing.
Belief in transitioning genders is the key disagreement between each side. Monica Wilbur—who ran for Utah’s state education board last year—started her testimony with, “I’d like to echo again that there are only two sexes, and that all Utah’s statute should be brought in line with this biological reality.”
Opponents to the bill pointed out that transgender people who undergo many forms of gender-affirming care will have physical characteristics that do not match their sex assigned at birth. “And if you’re worried about someone you consider to be a man living in a women’s dorms, you should be equally worried about a trans man being forced to live in a women’s space.” Hannah Zoulek said, speaking as a Utah resident at the hearing.
In other words, transphobic students will experience discomfort living with transgender students regardless of what dorm they are living in.
Legislature
The Senate Committee on Education voted to pass out the bill with a favorable recommendation to the senate. Sen. Kathleen Riebe (D-Salt Lake City) was the only opposing committee member.
The bill has mostly divided along party lines in the legislature, with every Republican voting in favor-with the exception of Sen. Daniel Thatcher (R-West Valley City). Thatcher has voted against his party on transgender issues including in 2022 on HB 11 and in 2024 on HB 257.
“Ultimately this is an issue about consent; Avery did not sign up to live with a biological male when she signed up for female housing. Consensual agreements are mutual.” Sen. Heidi Balderree (R-Saratoga Springs) said during the vote on the bill in the senate on Feb 6.
“It does break my heart, on some degree, that every year for the last four years we have had very targeted legislation toward them [transgender people]. They will never be legislated out of existence; they will be loved, adored and treasured by some of us for the rest of all of our lives.” Sen. Jen Plumb (D-Salt Lake City) said explaining her nay vote on the bill on Feb 6.
The bill passed the senate 20 to 7 on Feb. 6.
The future of HB 269 and trans rights
HB 269 Timeline:
Jan. 3 – Cheryl Saltsman Post
Jan. 19 – Bill made public
Jan. 23 – House Committee votes in favor
Jan. 28 – House votes in favor
Jan. 30 – Protest / Senate Committee votes in favor
Feb. 6 – Senate votes in favor
Feb. 14 – Gov. Spencer Cox signs HB 269
June 1 – Bill goes into effect
The Bill has passed the House and the Senate and was signed into law by Govenor Spencer Cox on Feb. 14. This action comes nearly three years after Cox vetoed HB 11. The bill will go into effect on June 1.
The post by Cheryl Saltzman that publicized this issue is no longer public.
The Utah State Legislature’s shift on trans rights mirrors the federal government.
In the wake of President Trump’s executive orders many federal agencies have removed references to transgender issues, with the Stonewall National Monument removing transgender references from their website. The website, run by the National Park Service, about the historic stonewall protests now refers to the historic struggle of “LGB” people.
The same day Cox signed HB 269 into Utah state law, the US army announced on X that it will no longer accept transgender recruits.
