COLUMBIA, S.C. — The American Civil Liberties Union said South Carolina Gov. Henry McMaster signed a discriminatory House bill that will require transgender and nonbinary students to use bathrooms that do not align with their gender identity.
In recent years, states across the United States have introduced legislation aimed at restricting transgender people from participating in sports, accessing public services and obtaining medical care. Advocates argue such laws exclude and target LGBTQ+ communities.
In addition to creating barriers to mobility, advocates contend such laws reflect the unjust use of legal policy to reduce the freedoms and liberties of marginalized communities.
ACLU of South Carolina Executive Director Jace Woodrum, the first transgender director of the organization, stated, “This law is about making life harder for a small group of students who already face higher risks of bullying, harassment, and violence.” Advocates argue transgender people are vital members of their communities and do not disappear when discriminatory legislation targets their mobility and livelihoods. They also argue conservative politicians targeting children does not promote social welfare or economic growth.
Gov. McMaster signed House Bill 4756 into law, requiring transgender students in South Carolina public schools and universities to use restrooms and changing facilities that do not correspond with their gender identity.
Parents of LGBTQ+ children also face additional challenges, including curriculum restrictions, concerns about moving out of state so their children can access gender-affirming medical care, impacts on employment and leaving communities that provide support. According to the Williams Institute at UCLA School of Law, false and harmful social stigmas directed at transgender and nonbinary people are reinforced through discriminatory legislation.
The Human Rights Campaign has sought to educate voters on how policies affect LGBTQ+ children and their families. Advocates argue legislation targeting LGBTQ+ people increases fears among families and contributes to concerns about relocation as restrictive laws continue to spread.
Moreover, the ACLU rejected the idea that the governor’s personal values, which influenced South Carolina’s legislation, represent all South Carolinians. Emphasizing gaps in representation, Woodrum stated, “These callous acts by our state lawmakers do not reflect the values and priorities of South Carolinians who believe that all students, including transgender students, should have a fair chance to succeed. To transgender South Carolinians who are feeling despair, know this: we are still here, and we will never stop fighting alongside you.”
Woodrum also argued elected officials should focus on improving the quality of life for all residents rather than marginalizing transgender people. “If our legislators were really worried about privacy and safety, they’d invest in stalls, privacy screens, and single-user facilities. Instead, they want to treat transgender youth like outcasts and force them to use portable toilets outside,” Woodrum said.
Gov. McMaster signed HB 4756 on May 15, including an amendment permitting schools to install portable toilets outside for transgender students.
According to the ACLU, the law threatens to withhold 25% of state funding from schools and higher education institutions that do not comply. The law also allows lawsuits against institutions that provide inclusive facilities.
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