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California Voters May Get to Vote to Overturn Co-Ed Bathrooms

A gender-neutral bathroom is seen at the University of California, Irvine in Irvine, California, September 30, 2014. The University of California will designate gender-neutral restrooms at its 10 campuses to accommodate transgender students — a move that may be the first of its kind for a system of colleges in the United States.
A gender-neutral bathroom is seen at the University of California, Irvine in Irvine, California, September 30, 2014. The University of California will designate gender-neutral restrooms at its 10 campuses to accommodate transgender students — a move that may be the first of its kind for a system of colleges in the United States. | (Photo: Reuters/Lucy Nicholson)

A referendum meant to overturn a California law that critics say allows men to use women's restrooms is pushing to get the necessary number of signatures to be on the state ballot next year.

The group Privacy For All will need to gather 365,880 valid signatures to put their referendum on the state ballot, with petitions needing to be postmarked no later than December 14.

Privacy For All seeks to have California voters approve the Personal Privacy Protection Act, which overturns part of a 2013 law that allows for co-ed bathrooms.

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"Notwithstanding any other provision of law, a person shall use facilities in accordance with their biological sex in all government buildings," reads the Act.

California Governor Jerry Brown speaks at his inauguration at the State Capitol in Sacramento, January 5, 2015. Brown, who turned around California's finances after years of deficits, vowed to keep a tight rein on spending as he was sworn in on Monday for a record fourth term at the helm of the nation's most populous state.
California Governor Jerry Brown speaks at his inauguration at the State Capitol in Sacramento, January 5, 2015. Brown, who turned around California's finances after years of deficits, vowed to keep a tight rein on spending as he was sworn in on Monday for a record fourth term at the helm of the nation's most populous state. | (Photo: Reuters/Max Whitt)

"Notwithstanding any other provision of law, no business establishment shall be subject to criminal, civil, or administrative sanctions, or civil suits for requiring employees, patrons, students, or any other person to use facilities in accordance with their biological sex."

The Act also had exemptions listed for "facilities constructed for single use," "use of family restrooms," and "facilities in which a child, or a person with a medical condition, requires the assistance of another."

The Personal Privacy Protection Act comes in response to a 2013 state law known as Assembly Bill 1266, which amended the education code to allow students to use the bathroom that fits their self-identified gender.

"It is the policy of the state that elementary and secondary school classes and courses, including nonacademic and elective classes and courses, be conducted, without regard to the sex of the pupil enrolled in these classes and courses," read AB 1266 in part.

"A pupil shall be permitted to participate in sex-segregated school programs and activities, including athletic teams and competitions, and use facilities consistent with his or her gender identity, irrespective of the gender listed on the pupil's records."

Introduced in February 2013, AB 1266 passed the Assembly with a vote of 46 ayes to 25 noes in May 2013 and then the Senate with 21 ayes and 9 noes in July 2013.

The group spearheading the referendum, Privacy For All, argues on its website that the Personal Privacy Protection Act is necessary because co-ed bathrooms policy creates "a false sense of privacy and protection."

"If a woman walks into a bathroom with a 'Women' sign on the door, she has a reasonable expectation that she will not encounter men in this restroom," said Privacy For All.

"Without the "Personal Privacy Protection Act" men can use the women's restroom and there is nothing to protect a citizen's right to privacy."

This is not the first time that Privacy For All has attempted to use a ballot initiative to overturn AB 1266. As the group itself noted, their first attempt was in 2013.

"A Referendum was filed to halt AB 1266 and place it on the ballot for the people of California to vote on. Enough signatures were gathered to qualify this referendum," said the group on their website.

"But, the Secretary of State and the counties have wrongfully thrown out thousands of signatures claiming we came up short. There is currently a court challenge to the disqualification of signatures by elections officials."

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