Anti-Trans School Bathroom Policy (H. 4756)

This bill would require transgender students in South Carolina public schools and universities to use restrooms and changing facilities that do not match their gender. It would accomplish this by:

• Defining “sex” as a person’s biological sex, either male or female, as observed at birth

• Requiring all school restrooms and changing facilities to be designated for members of one sex

• Requiring students to use the restroom or changing facility designated by the sex they were assigned as at birth

• Allowing for an individual who encounters a person they believe to be of the opposite sex in a restroom or changing facility to bring legal action against the school

We oppose this bill because: This bill discriminates against trans and non-binary students in South Carolina public schools and public universities. This bill seeks to erase the existence of transgender people by defining sex as being “observed at birth” and not considering gender identity. This bill also seeks to erase nonbinary people by only defining sex as “male or female.” If passed, this bill would cause trans and nonbinary students to face further discrimination, bullying, and harassment.

When governments seek to exclude students in this way, many students forego using the bathroom altogether, at risk to their physical and mental health. In a recent survey of transgender and nonbinary young people, 67% reported “holding it” when they needed to use the bathroom, and 38% abstained from drinking or eating to avoid using these facilities.

Furthermore, this bill has the potential to harm cisgender men and women who do not fit gender stereotypes and face the threat of being misgendered and harassed in restrooms or changing facilities.