SC pushes to make bathroom restrictions in all public school buildings permanent

For two years, South Carolina students have been required to use the bathroom that aligns with their gender assigned at birth. Doing otherwise risks 25% of a school district’s funding from the state.

The one-year budget rule, which was renewed this year, led to a lawsuit over whether a Charleston-area student could use his preferred bathroom. The transgender teenager, who was temporarily given permission to use the bathroom of his choice, left public high school due to bullying related to his gender, his attorney said.

Now, South Carolina lawmakers want to make those bathroom restrictions permanent. The restrictions would also extend to public universities’ bathrooms, changing rooms and dormitories. If a school district or university allows a student to use a bathroom that does not align with their gender assigned at birth, it will lose 25% of funding appropriated by the General Assembly until it complies with the bill.

The rules would apply to students and employees in schools, but it also extends to visitors at public school buildings, like Williams-Brice Stadium.

Democratic lawmakers broadly opposed the bill, arguing it would be difficult to enforce and stigmatized transgender people.

“We seemingly always hit down, always hit down to those people that don’t have the ability to hit back,” said state Rep. Todd Rutherford, D-Richland. Rutherford also questioned who would be verifying each person using the restroom.

But Republicans in favor of the bill said it would protect students’ privacy in school and sports.

“The balance I see that we tried to strike here today, and that we need to strike, is: I want to respect differences,” said bill sponsor state Rep. Tommy Pope, R-York. “I want to respect other people’s choices. But what I don’t want that those people, those decisions, those choices, get forced upon everyone else’s children, everyone else’s family.”

State Rep. Heath Sessions, R-York, said his teenage daughter “monitored her water intake” because someone she believed was a “a biological man who was dressed as a girl” used the girls’ bathroom at her school.

“I just tell that story to consider daughters around this state,” Sessions said. “They shouldn’t have to monitor water intake. That’s ridiculous.” Sessions also said students “having difficulties with their sexuality and gender” should also feel safe in school.

House lawmakers made some compromises on the bill Thursday. In an amendment with bipartisan support, only in-state students and school employees will be able to sue if a school doesn’t follow the restrictions.

Additionally, every school building will have to have a single-occupancy restroom. State Rep. Tom Hartnett, R-Charleston, said a transgender friend of his inspired him to file the amendment. Since many schools already have at least one single-occupancy restroom, it would likely not be overly financially burdensome to pass the amendment, said state Rep. Travis Moore, R-Spartanburg.

“I made a promise to someone a while back that I would stand up and try and protect them,” Hartnett said.

“I’m trying to give people like my friend an opportunity to protect their dignity,” he continued.

After two days of colorful discussion, House lawmakers passed the proposal 96-19 Thursday. It will now go to the Senate.

Democratic lawmakers reference RJ May

Democratic lawmakers invoked former SC House Freedom Caucus member and state Rep. RJ May, who was sentenced to 17.5 years in federal prison on five counts of distributing child pornography, while speaking against the bill. While in the chamber, May led and supported culture war crusades, including ones that impacted transgender children.

“One thing about Democrats is we don’t come up here and talk about protecting children and sit in the back of the chamber and become a predator and get 17.5 years,” said state Rep. John King, D-York, Thursday.

Rutherford also mentioned May by name and referenced him several times while criticizing the bill and a statement from Freedom Caucus member Rep. Stephen Frank, R-Greenville. Frank said the sympathy he had for transgender students was the same he would have for “anybody suffering from mental illness.” Several Democratic lawmakers, including King and Rutherford and state Rep. Gilda Cobb-Hunter, D-Orangeburg, pushed back on Frank’s characterization as inaccurate and offensive.

“I ain’t seen a trans person yet get charged, but RJ May wasn’t in my little caucus,” Rutherford said. “And so I guess there’s a need to talk about people that go through this surgery as having a mental illness, rather than dealing with the problem at hand. Children are touched inappropriately. Children are molested every day. This ain’t going to fix none of that, not a single one.”