Arkansas lawmaker Rep. Bob Ballinger is looking to make it a crime for somebody to intentionally flash a person of the opposite sex in a public setting. This seemingly standard legislation has enraged transgender advocates.
H.B.1986, which passed the House with a 65-3 vote earlier this month, is an expansion to Arkansas’ indecent exposer statute, looking to incriminate those who expose their genitals to a person of the opposite sex “under circumstances in which the person could reasonably believe the conduct is likely to cause affront or alarm.”
As noted by the Arkansas Times, “There’s already an offense of indecent exposure. It requires proof of exposure with an intent to gratify sexual desire. Ballinger’s bill adds exposure to someone of opposite sex.”
Ballinger argues that the legislation is “needed to protect children in situations such as when a father takes his daughter into the men’s restroom,” notes The Associated Press. “The bill would make it a crime for the men to deliberately expose themselves to the child.”
Transgender advocates are arguing that the bill would unfairly criminalize transgender folks using a bathroom designated for the gender opposite their biological sex.
Of course, unless the trans person in question were to deliberately expose him or herself to another of the opposite sex, this legislation would not apply.
Still, Holly Dickerson, American Civil Liberties Union of Arkansas legal director, is incensed over the bill.
“This bill is intimidating,” said Dickerson. “It can lead to increased harassment. It will chill transgender people’s participation in public life.”
The legal director claimed indecent exposure was too insignificant an issue in the state to potentially risk the criminalization of trans folks intentionally exposing themselves, pointing to seven convictions from 2013 to 2015 under Arkansas’ current indecent exposure statute.
“It is creating problems where there are no problems,” she said.
Executive Director of the National Center for Transgender Equality, Mara Keisling, is also outraged over the bill.
“This blatant and deliberate attack on over 15,000 transgender Arkansans would make it a crime—punishable by prison time and a lifetime criminal record—for transgender people to meet one of the most basic human needs and use the restroom,” claimed Keisling. “If this bill becomes law, transgender people, as well as anyone who is simply suspected of being transgender, will have to live in constant fear that they will be interrogated, arrested, or even prosecuted and put in prison every time they simply need to use the restroom.”
“Simply put, H.B. 1986 targets transgender Arkansans, just because of who they are,” said the Human Rights Campaign in a statement.
Ballinger remains perplexed over the trans advocates blow-back for the indecent exposure proposal.
“It doesn’t seem like there’d be a problem,” he stated, apparently unaware of how extreme leftist activists can be.
Since the bill has overwhelmingly passed the House, the legislation will now head to the Senate Committee on Judiciary.