Bill restricting school bathroom access by sex heads to SC governor

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The South Carolina General Assembly has passed a bill requiring public school students to use the bathroom that corresponds to their biological sex. Critics say the move unfairly targets transgender students.

A public K-12 school district or public university that does not comply with the policy could face a 25 percent state funding cut.

The South Carolina House of Representatives voted 77-31 on April 15 to accept Senate amendments to the bill propelling the legislation onto the governor’s desk. The controversial policy previously sparked outrage from Democratic lawmakers, who say the policy targets transgender students, and applause from Republican lawmakers, who say it takes necessary steps to protect women’s and girl’s spaces.

House Bill 4756, also called the “South Carolina Student Physical Privacy Act” states that a public school shall not use state funds to operate a bathroom or changing facility that does not comply with the biological sex restrictions. The policy also requires each school should have a single-user bathroom or changing facility available.

The penalty for violating the policy include the withholding of 25 percent of a district’s or public college’s state funding. It also creates room for legal action against a school if someone is using a bathroom and sees someone of the opposite sex in that same facility.

Attorney General Alan Wilson, a Republican who is also running for governor, has been a firm supporter of the bill since it was first introduced. He applauded the bill’s passage.

“Our state’s women and girls rely on the privacy of these spaces and the assurance that they are safe from any potential harm when using them,” Wilson said in a statement. “I am proud that South Carolina is taking this necessary step to keep men out of women’s spaces.”

Senate minority leader Sen. Brad Hutto, D-Orangeburg, was critical of the bill when it came to the Senate, saying the legislature should have more important things to worry about than bathroom restrictions.

“We’re the fastest growing state in the country, we’re at war, we’ve got people paying over $5 for diesel, we’ve got all sorts of issues that we could deal with,” Hutto said, “and this is the most important thing we could put on special order?”

Sen. Deon Tedder, D-Charleston, also questioned the enforceability of the bill. He specifically called out part of the bill that states “the public school or public institution of higher learning shall take reasonable steps” to ensure bathrooms are only used by a single sex.

Tedder asked what would qualify as a “reasonable step” that would protect a school from legal action or funding cuts.

Sen. Everett Stubbs, R-York, said a South Carolina judge would be able to look at a matter and make a determination, but it could also be helpful to define a “reasonable step.” He added that the real concern is if a school knows about violations to the bill and does not take any corrective action to fix the matter.

Stubbs said someone only has cause for legal action if they have proof that a school is blatantly ignoring the law.

“It only gives them a private cause of action if they have one, proof that the facility granted it or two, there weren’t some type of reasonable steps taken to prevent this from happening,” Stubbs said.

After moving back to the House for consideration of Senate amendments, the bill soared through the chamber with little discussion. It awaits the governor’s final approval, and it will take effect upon his signature.

Bella Carpentier covers the South Carolina legislature, state, and Greenville County politics. Contact her at [email protected]