South Carolina Legislature Passes Cruel Policy Restricting Transgender Students’ Access to School Restrooms and Locker Rooms

Weeks after banning trans youth from accessing critical healthcare, lawmakers hijacked the state budget process to further harass transgender students with a policy that is flatly unconstitutional. 

Today South Carolina lawmakers passed a state budget that includes Proviso 1.120, which requires K-12 public schools to prohibit transgender students from using the restroom or locker room that aligns with their gender identity. Under the proviso, transgender boys are required to use the girls’ restroom, and transgender girls are required to use the boys’ restroom. The proviso also impacts overnight lodging, such as school trips. Schools that do not enforce the proviso risk losing state funding. No public debate was allowed on the proviso.

Ivy Hill (they/them pronouns), Director of Gender Justice for the Campaign for Southern Equality and a leader in the SC United for Justice & Equality coalition, said today:

“This was an absolute sneak attack – with lawmakers weaponizing the state budget process to kick transgender youth and their families while they’re already down, further harming transgender youth and singling them out for harassment and exclusion. Schools should be a place where young people can learn and thrive – but now, transgender students will have to worry about something as simple and basic as being able to use the bathroom. This policy is a humiliating invasion of privacy for trans students and forces South Carolina’s hardworking teachers and public school staff to become the gender police. Shame on these lawmakers.”

A 2020 ruling from the U.S. Court of Appeals for the 4th Circuit in Grimm v. Gloucester County School Board found that policies excluding transgender students from using the restroom based on their gender identity violate the Equal Protection Clause and Title IX of the U.S. Education Amendments of 1972, a federal law prohibiting sex discrimination by schools. South Carolina is in the 4th Circuit’s jurisdiction. 

Chase Glenn (he/him pronouns), Executive Director of Alliance for Full Acceptance and a leader for SC United, added:

“This policy is not only mean-spirited and cruel – it’s also flatly unconstitutional. South Carolina lawmakers are flagrantly defying legal precedent from the 4th Circuit, and we cannot let this stand. I want trans young people and their family members to hear one thing loud and clear: No matter what policies the South Carolina legislature passes, there is a huge community that loves and supports them, and we will do everything in our power to ensure that dignity, equality, and humanity prevail, even in the face of attacks like this.”

There have been no reported incidents of transgender people posing a risk to public safety in restrooms in South Carolina. However, there are countless reported incidents of transgender people (or people suspected to be transgender) facing harassment or violence while trying to use the restroom, and policies like this only increase that risk. That's why leading experts advocating against gender-based violence oppose "bathroom ban" bills – because they do nothing to protect women and public safety, but instead put transgender people at grave risk of violence and harassment.

Advocates from the SC United for Justice & Equality coalition are available to speak with the media about the legislation and its damaging impact on transgender youth.