U.S. Rep. Nancy Mace (R-S.C.) has introduced a bill to ban transgender women from female-designated restrooms and other sex-segregated facilities in U.S. Capitol facilities.
The resolution would prohibit members, officers, and employees of the U.S. House of Representatives from using single-sex facilities that do not align with their assigned sex at birth.
The bill was introduced following the election of U.S. Rep.-elect Sarah McBride (D-Del.), who will be sworn in as the first out transgender member of Congress on January 3, 2025.
The measure charges the House sergeant-at-arms, William McFarland, with enforcing the ban.
While McBride is public about her transgender identity, it is unclear how McFarland will determine whether people entering sex-segregated restrooms are permitted to be there.
For example, a transgender person — regardless of gender — who “passes” as cisgender could enter and use a single-sex restroom while avoiding detection by law enforcement but would technically be in violation of the law.
In addition, under Mace’s broadly-written resolution, where “biological sex” trumps all, transgender males with facial hair, muscles, and tattoos would be technically required to use female restrooms, potentially creating chaos and confusion for anyone seeking to enforce the ban.
Republicans, including Mace, who have been asked about the proposed ban have only railed against transgender women entering female spaces. Most mainstream media reporters are too ignorant of the transgender community to ask about how the ban would apply to transgender men — who are often erased during debates over transgender visibility.
Mace is currently in talks with leadership about bringing the measure to the floor, a source with knowledge of the situation told The Hill.
Mace had allegedly initially planned to bring her legislation to the floor as a privileged resolution, which would have forced leadership to stage a vote on the measure within two legislative days.
She scrapped those plans and hopes to include the measure as part of a rules package for the 119th Congress or have it voted upon as a stand-alone rule.
If it is not, Mace intends to force a vote during the next Congress, the source said. Republicans are expected to control the House by a three- or four-seat majority next term.
On Monday, Mace sought to cast her resolution as necessary to “protect women and girls.”
“She doesn’t get a say,” Mace said of McBride. “This is about real women and women’s rights, and the far-left radical Left, they want to erase women and women’s rights, and I’m not going to let them.”
When asked by reporters on Tuesday if the move was in response to McBride’s election to the chamber, Mace replied, “Yes, and absolutely, and then some. I’m absolutely 100% gonna 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.”
U.S. Rep. Marjorie Taylor Greene, asked about the controversy, referred to McBride as a “man” and a “biological male.”
“I support a resolution that keeps all biological men out of women’s bathrooms, locker rooms, and private places, not only here in the Capitol complex or office buildings, but all taxpayer-funded facilities,” Greene said in a video posted to X.
JUST IN: Reps. Marjorie Taylor Greene and Nancy Mace defend the latter’s new House resolution banning trans women from Capitol bathrooms. I asked both how they intend to check who is “qualified” to use the ladies room. WATCH — pic.twitter.com/juMuDA9dlE
— Pablo Manríquez (@PabloReports) November 19, 2024
“He would not be allowed to use our women’s restrooms, our women’s gym, our locker room, or spaces that are specified for women,” Greene said of McBride. “He has plenty of places he can go…. He can go in the men’s room, and he has a bathroom in his office, just like all of us do. That’s where, you know, I use the restroom most of the time, in my office. He has a bathroom that will be designated for him.”
Greene added, “Men need to respect our spaces. That’s what this election was all about. This was a mandate from the American people, that are not only fed up with the open borders, they’re fed up with inflation, they’re fed up with the economy, but they’re fed up with the Left forcing their sick trans ideology down our throats and invading our spaces and our women’s sports….
“The American people spoke at the election. They’re sick of this s**t…. [McBride] has to respect my space, my privacy, and other women’s space and privacy, because he is not a woman.”
Greene has since told NBC News that Mace’s legislation “doesn’t go far enough,” and suggested she’d be willing to get into a physical altercation with McBride if the Delaware congresswoman uses female-designated facilities.
Responding in an MSNBC interview, McBride — who had previously told reporters she wasn’t focused on the controversy — said, “Look, this is a weird and bizarre obsession with trans people on the part of the Republican Party. And I agree with Republican governors, who, when presented with the spate of anti-LGBTQ bills introduced in legislatures across the country, said these are solutions in search of a problem.
“That’s what we have to be crystal clear about moving forward. Because whenever you see a politician or a political party focus in on an issue that impacts a handful of people, in a handful of places, you have to ask yourself why. And the answer to that is they are trying to distract. They are trying to distract from what they are actually doing.”
“And for the next four years, any time we see any member of the Trump-Vance administration talk about trans people…look what they’re doing with their right hand, because I can guarantee you, at that same moment, they are working to pick the pockets of American workers,” she continued. “They’re working to fleece seniors by privatizing Social Security and Medicare. They’re working to undermine the critical programs and benefits that Americans of every background and every political persuasion rely on to just get through the day.
“And that’s what these efforts are,” McBride concluded. “They are an effort to distract from the real issues that are plaguing this country, and to distract what Donald Trump and JD Vance will do with their nearly unchecked power.”
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