Protecting Women's Private Spaces Act

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On November 18, 2024, Nancy Mace introduced an anti-transgender bathroom bill in the US House of Representatives to ban newly elected member Sarah McBride from using bathrooms other than those of her sex assigned at birth. Two days later, US House speaker Mike Johnson declared that Mace's ban was being ushered in. [1]

Contents

Mace stated her intent for the bill to act as a litmus test for male Republican politicians. [2]

Bathroom ban in the Capitol

On November 18, 2024, Mace introduced a resolution to ban transgender people from using bathrooms other than those of their sex assigned at birth at the U.S. Capitol, in anticipation of the swearing in of Sarah McBride, who is the first trans person elected to Congress. [3] [4] Mace misgendered McBride in several repeated transphobic statements. [3] [5] She confirmed that McBride was "absolutely" the target of her bathroom resolution. [6] Talking to Leland Vittert, Mace announced that she will "fight like hell" to exclude McBride from women's restrooms on the Capitol. [7] Mace's 2024 House resolution would prevent McBride from using "single-sex facilities". H. Res. 1579 was entitled, "Prohibiting Members, officers, and employees of the House from using single-sex facilities other than those corresponding to their biological sex, and for other purposes." [8] [9] Mary Miller and Matt Rosendale co-sponsored her bathroom resolution. [10] Mace also said, "Men that want to use women’s restrooms are threatening to kill me over this issue," Mace told NewsNation. [11]

Mike Johnson's bathroom ban extends to trans and non-binary staff members, interns or even visitors from the public. [12]

Critics of the ban and its Republican supporters accused them of hypocrisy since Donald Trump and some potential members of his administration have been accused of sexual assault. [13] Additionally, critics have decried that transphobia has become a central GOP policy. [14] [15] Jen Psaki has urged Democrats to confront bigotry head-on. [16] [17]

Trans-rights activist Sarah Wade has criticized Representative-elect Sarah McBride for her acquiescence to use follow the rules of the house, arguing that it ignores the dignity and safety of gender minorities. [18]

Protests

Demonstrators protested the Capitol bathroom ban that requires birth-based bathroom usage on December 5, 2024. Capitol Police arrested 15 people protesters including Chelsea Manning [19] [20] and Raquel Willis. [21] Manning went on to say, "I'm here today because every person deserves dignity and respect, both in daily life and in more symbolic places like the U.S. Capitol." [22] The protesters chanted, "Democrats, grow a spine!" [23] Willis noted, "In the 2024 election, trans folks were left to fend for ourselves after nearly $200 million of attack ads were disseminated across the United States." [24]

In mocking the protesters with a transphobic slur, [25] [26] Nancy Mace posted on X, "The trannies came, they saw and they did not conquer during their protest," [27] which has been labeled as "hateful conduct" [28] by the X staff despite Musk's personal expression of support for Mace's efforts. Mace also yelled slurs at the protestors with a bullhorn. [14] [29]

Expanded women-only spaces

CongressShort titleLong titleBill number(s)Date introduced Sponsor # of co-sponsorsLatest status
118th Congress (2023-2024)Protecting Women's Private Spaces ActTo prohibit individuals from accessing or using single-sex facilities on Federal property other than those corresponding to their biological sex, and for other purposes.H.R.10186November 20, 2024Nancy Mace5House - Referred to the House Committee on Oversight and Accountability.

One day after the bathroom bill, Marjorie Taylor Greene expressed her chagrin that Mace's bill did not go far enough. Greene misgendered McBride and told reporter Pablo Manríquez, "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, our office buildings, but all taxpayer-funded facilities." [30] Two days later, Mace announced a new expanded House resolution to ban "Biological Men from Women's Spaces on All Federal Property." [31] The broader bill was "H.R.10186 - To prohibit individuals from accessing or using single-sex facilities on Federal property other than those corresponding to their biological sex, and for other purposes." [32] Michael Rulli and Marjorie Taylor Greene announced their support with co-sponsorship. [33]

In other interviews, Mace belittled and misgendered McBride repeatedly, saying, "...I'm not into pronouns. I don't care... I'm not going to play into this gender ideology." [34]

However, reported studies do not support the claims that trans people endanger women and girls in restrooms; the Williams Institute at the UCLA School of Law found "there is no evidence that letting transgender people use public facilities that align with their gender identity increases safety risks." [35] [36] According to the Harvard T.H. Chan School of Public Health, research shows that "trans and gender non-binary teens face greater risk of sexual assault in schools that prevent them from using the bathrooms...consistent with their gender identity, according to a recent study." [37]

Reactions

Opposition to resolution and bill

The chair and co-chair of the Congressional Equality Caucus, Mark Pocan and Becca Balint, criticized the House Speaker's bathroom ban. [38] Balint said the bill was an "incredibly craven and cruel attack" on McBride, intended to "dehumanize" her. [39] Other politicians who have also criticized Mace's comments and actions include Eric Sorensen, [40] Robert Garcia, [41] Tammy Duckworth, [42] Hakeem Jeffries, [43] Sara Jacobs, [44] and Alexandria Ocasio-Cortez. [45]

Mace has also been criticized in the media. On The View, Sara Haines said Mace was a bully. [46] The Daily Show co-host Desi Lydic said Mace was "trying to get actual predators into the highest levels of government". [47] [48]

Ana Kasparian of the The Young Turks criticized Mace for attacking and misgendering McBride in an interview. [49] On the basis of Mace's Human Rights Campaign Scorecard, an LGBTQ Nation analysis suggested she was "always a transphobic extremist." [50]

In response to the bathroom ban, GLAAD issued a press release stating, "'Biological sex' is not an accurate nor a scientific term, but is used by opponents of transgender people to dehumanize them and deny their equal access to society." [51] Advocates for Trans Equality criticized Mace's measures, saying they were "designed to divide us" and "unfairly single out a vulnerable community". [52] Kelley Robinson, president of the Human Rights Campaign, said the policy was "cruel and discriminatory" and affected "all trans and nonbinary people who work and visit the Capitol". [53]

Support for bill

Elon Musk tweeted his support for Nancy Mace with a meme with the text: "your mental illness is not my new reality." [54] Megyn Kelly misgendered McBride and said she must use "the men's bathroom". [55]

Claims of censorship

Whereas most of Mace's posts relating to the topic were promoted, a couple got a warning label for hate speech on December 5, 2024. Mace denied the assertion, writing, "It's not hate speech." [56]

See also

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Nancy Ruth Mace is an American politician who has been the U.S. representative for South Carolina's 1st congressional district since 2021. She is a member of the Republican Party.

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