Rep. Nancy Mace (right) has authored a resolution that would ban trans women from women’s bathrooms at the U.S. Capitol, just weeks before Rep.-elect Sarah McBride (left) — the first openly trans person elected to Congress — is set to be sworn in.
Andrew Harnik, Tom Williams/CQ-Roll Call, via Getty Images
Republican Rep. Nancy Mace of South Carolina has introduced legislation that would ban transgender women from using facilities on federal property— like bathrooms and locker rooms — that do not correspond with the sex they were assigned at birth. The legislation is a follow up to a similar measure the Congresswoman introduced on Monday that was limited to facilities on the House side of the U.S. Capitol.
The move comes just two weeks after Sarah McBride, D-Del., became the first openly transgender person elected to Congress.
House Speaker Mike Johnson, R-La., did not explicitly commit to a plan to vote on either measure but he released a statement on Wednesday outlining a policy for the House of Representatives.
“All single-sex facilities in the Capitol and House Office Buildings — such as restrooms, changing rooms, and locker rooms — are reserved for individuals of that biological sex,” Johnson wrote. “It is important to note that each Member office has its own private restroom, and unisex restrooms are available throughout the Capitol.
McBride responded Wednesday saying she would abide by those rules.
“I’m not here to fight about bathrooms. I’m here to fight for all Delawareans and to bring down costs facing families,” she wrote on X. “Like all members, I will follow the rules as outlined by Speaker Johnson, even if I disagree with them.”
Speaking to reporters on Tuesday, Mace characterized this specific measure as an attempt to protect women’s rights.
“I know how vulnerable women and girls are in private spaces,” she said. “So I’m absolutely, 100 percent, going to stand in the way of any man who wants to be in a women’s restroom, in our locker rooms, in our changing rooms, I will be there fighting you every step of the way.”
But when asked if McBride’s arrival was the catalyst, Mace was clear.
“Yes and absolutely and then some,” she said.
Republicans have increasingly amplified anti-trans messaging in recent years and it’s morphed into a common political talking point. Now, the conversation is playing out within the halls of Congress.
McBride responded to the legislation in a Monday night post on X.
“We should be focused on bringing down the cost of housing, health care, and child care, not manufacturing culture wars,” McBride wrote. “Delawareans sent me here to make the American dream more affordable and accessible and that’s what I’m focused on.”
McBride, who won Delaware’s lone House seat earlier this month, said in her victory speech that she “ran not to make history but to make a difference.”
Shortly after, she spoke to NPR about her plans for legislating across the aisle, which she said starts by moving “past the issues that are in the headlines, that are trending on social media.”
“I know that’s going to be more difficult in D.C. than it has been in Dover, but I truly believe that when we give up on that openness to collaborate, we ultimately give up on our ability to have a democracy,” McBride added.
How Republican members of Congress are reacting
Firebrand conservative Rep. Marjorie Taylor Greene of Georgia was quick to praise Mace’s measure.
“America is fed up with the trans ideology being shoved into our face,” Greene told reporters on Tuesday. “Women have been the victim of this garbage for long enough.”
A measure governing access to facilities in the House would only need a simple majority within the House of Representatives to take effect — no Senate passage or presidential signature required. However, Republicans hold a razor thin majority in the House and will narrowly control the chamber again next year – meaning they can’t afford to lose many votes to get bills passed.
In order to get the measure through without a vote, Mace has alternatively lobbied for putting it in the House rules package, a move she said on Tuesday Speaker Johnson agreed with.
“And if he doesn’t then I will file a privilege motion to force a vote on it,” Mace added. “This is the last war on women and I aim to stop it.”
During a Tuesday press conference with House Republican leadership, Johnson did not confirm whether he would include it in the rules package and instead struck a more united tone.
“We don’t look down upon anyone. We treat everybody with dignity and respect,” Johnson said. “We’ll provide appropriate accommodation for every member of Congress.”
Other House Republicans have shied away from the conversation to reframe discussions around pressing policy issues pending before the end of the term.
“I’m not getting involved in a bathroom debate. It’s not what I came to Congress for,” said Rep. Tom Cole, R-Okla. “We ought to be doing disaster relief and appropriations bills.”
Republicans campaigned in part on limiting transgender rights
While voters consistently listed immigration and the economy as their top concerns this election season, Republican candidates — from President-elect Donald Trump to House and Senate hopefuls — spent a lot of time and money focusing on trans issues and seeking to portray Democrats as too extreme.
The Trump campaign ran ads against Vice President Harris using the statement, “Kamala is for they/them. President Trump is for you.”
Trump has repeatedly addressed transgender rights, saying that under his tenure public schools, hospitals and health care providers will no longer receive federal funding if they promote ideas about gender transitioning or perform gender-affirming surgeries or care to minors (which 25 states have passed laws barring).
The 2024 GOP platform also lists “Keep Men Out of Women’s Sports” as one of its 20 promises.
A number of prominent House Democrats have spoken out about Mace’s proposal and several party leaders criticized it during their press conference on Tuesday.
“What they are talking about there on day one is where one member out of 435… is going to use the bathroom,” said Rep. Katherine Clark, D-Mass., who serves as House minority whip. “That is their focus.”
