Echoing a movement of other states to block transgender people from using the bathrooms of their choice, the Arkansas Legislature had its first hearing Wednesday on a so-called bathroom bill.
The Senate Judiciary Committee heard about an hour and half of debate Wednesday on Senate Bill 774, which would require people to use restrooms and showers in schools and other state and local facilities that correspond with the gender on their birth certificate.
But when it became apparent to the sponsor, state Sen. Linda Collins-Smith, R-Pocahontas, that there were not five votes to pass the bill through the committee, she decided to hold off until another day.
If Collins-Smith can get an extra vote from from one of two Republicans who have expressed openness to the bill, she will be able to send the bill on for consideration in the Senate.
The first, state Sen. Greg Standridge, R-Russellville, was absent from the committee meeting Wednesday to receive treatment for cancer.
Reached by phone later, Standridge said he was not against the bill but he had not had a chance to read it.
The second, state Sen. Trent Garner, R-El Dorado, asked Collins-Smith to make small changes to ease his concerns about people being punished for mistakenly entering the wrong bathroom.
Family Council President Jerry Cox, who joined Collins-Smith to present the bill, said afterward that he was not opposed to Garner's suggestions.
While no action on the bill was taken Wednesday, the committee meeting was an opportunity for opposing committee members to voice concerns and for members of the public to address lawmakers.
No one in the packed committee room signed up to speak in favor of the bill.
"This bill is going to force terribly awkward situations," said state Sen. Jeremy Hutchinson, R-Little Rock, after using an example where a transgender woman -- listed as a man on her birth certificate -- would be forced to use the men's room.
"We can't legislate everything," he said. "Human beings are going to be unique. Human beings are going to act in ways that we don't always agree with, but when you try to legislate every possible scenario, you end up creating -- the best intent creates the worst law."
Collins-Smith said the intent of her bill is to "protect" boys and girls using public restrooms.
The topic of debate also frequently shifted to North Carolina, where a similar but more expansive law prompted businesses, sporting events and concerts to cancel their plans in the state. Gov. Asa Hutchinson has stated he believes that a bathroom bill to be unnecessary because of such potential economic effects, though he has not promised to veto any legislation.
Collins-Smith said her bill "does not come close" to the North Carolina law, which applies to all public facilities, not just ones owned by the government.
The North Carolina law also prevents cities and towns from enacting their own anti-discrimination laws for gay, bisexual or transgender people.
A 2015 Arkansas law prevents local governments from passing anti-discrimination laws that cover classes of people not already protected under state law, such as sexual orientation or gender identity.
One speaker at Wednesday's meeting, the general manager of Verizon Arena in North Little Rock, said the bill has the same "perception" of the North Carolina law and could threaten acts booked by the venue who have already pulled out of shows in North Carolina.
During the meeting, the crowd on several occasions burst out into laughter or applause, depending on whether or not they agreed with the speaker. Collins-Smith called them "out of control," and Hutchinson asked them to quiet down, which they did.
Metro on 03/16/2017