Bratvold brought up various situations not addressed in the Plancarte ruling, such as whether it's a violation for a transgender man who has not surgically removed his breasts to expose them in public. Although Judge Jon Schmidt voted to uphold the conviction, he raised similar concerns to Bratvold, saying he thinks the state's law could be improperly used to attack transgender people for behavior that wasn't lewd.

Sencer-Mura, who co-authored the measure with Rep. Brion Curran, DFL-Vadnais Heights, added that current law allows for too many assumptions by officers about someone's gender identity.

"If law enforcement believes that someone identifies as a female, then they're going to treat them differently if they have their shirt off than they would someone that they perceive to be a male," Sencer-Mura said. "As we have a shifting understanding of gender, that law just doesn't make sense anymore."