Gov. McMaster signs bill mandating sex-based school bathrooms
(WPDE) — On Friday, Governor Henry McMaster signed House Bill 4756, the South Carolina Student Physical Privacy Act, into law.
A sign is posted on a restroom door for general use by all patrons in a coffee shop on Monday, Jan. 28, 2019, in Concord, N.H. (AP Photo/Bill Sikes)
The bill requires multi-person bathrooms, locker rooms and changing facilities in public K-12 schools and public colleges to be designated for use by one sex at a time. Sex in the bill is defined in the law as biological sex observed or verified at birth.
Schools and colleges must provide single-user accommodations, such as private restrooms or changing facilities, for students who request them.
The law says students on school-sponsored overnight trips cannot be required to share sleeping quarters with members of the opposite sex unless they are family members. Public colleges must also offer students the option to live only with roommates of the same sex.
Exceptions are included for custodial work, medical emergencies, assistance for disabled individuals, parents helping children and emergencies.
Individuals who believe a school or college violated the law may file civil lawsuits seeking injunctive relief and attorneys’ fees.
School districts and public colleges that do not comply could face the withholding of 25% of certain state operational funding until they are found compliant.
The ACLU of South Carolina Executive Director Jace Woodrum, who is also the first transgender director of the affiliate, released a statement following the decision.
“We all care about safety and privacy for students; this law isn’t about that. This law is about making life harder for a small group of students who already face higher risks of bullying, harassment, and violence.”
“Transgender people have always been a part of our communities. For decades, educators have ensured the safety and privacy of all students without banishing transgender young people. Just ten years ago, the state’s Republican leaders considered laws like this to be unnecessary and harmful. Today, transgender people are an obsession for politicians who’d rather target vulnerable kids than solve the real problems we face.”
“Our lawmakers have a responsibility to protect all students, including transgender youth. If our legislators were really worried about privacy and safety, they’d invest in stalls, privacy screens, and single-user facilities. Instead, they want to treat transgender youth like outcasts and force them to use portable toilets outside.”
“These callous acts by our state lawmakers do not reflect the values and priorities of South Carolinians who believe that all students, including transgender students, should have a fair chance to succeed. To transgender South Carolinians who are feeling despair, know this: we are still here, and we will never stop fighting alongside you.”
