Nancy Mace seeks to bar transgender women from using female bathrooms on Capitol Hill after first trans member elected to House

Washington — Republican Rep. Nancy Mace of South Carolina introduced legislation Monday to change House rules to prohibit transgender women from using women’s bathrooms and other facilities on Capitol Hill, a proposal that comes just before the House prepares to swear-in the first openly transgender member of Congress.

Mace’s two-page resolution would bar House members, officers and employees from using single-sex facilities in the Capitol or House office buildings that do not correspond with their “biological sex.” Her proposal claims that allowing “biological males” into women’s restrooms, locker rooms and changing rooms “jeopardizes the safety and dignity” of female lawmakers, officers and Capitol Hill employees. 

The House sergeant-at-arms would be tasked with enforcing the measure, if approved. 

The South Carolina Republican’s legislation appears to target Rep.-elect Sarah McBride of Delaware, who became the first openly transgender person elected to Congress when she won the race for the state’s only House seat two weeks ago.

McBride called Mace’s resolution a “blatant attempt from far right-wing extremists to distract from the fact that they have no real solutions to what Americans are facing. We should be focused on bringing down the cost of housing, health care, and child care, not manufacturing culture wars.”

“Every day Americans go to work with people who have life journeys different than their own and engage with them respectfully, I hope members of Congress can muster that same kindness,” she wrote on social media.

House Speaker Mike Johnson said in a statement Wednesday that single-sex facilities in the Capitol and House office buildings, like restrooms, locker rooms and changing rooms, “are reserved for individuals of that biological sex.” He noted that each member’s office has a private restroom and said there are unisex restrooms throughout the Capitol.

“Women deserve women’s only spaces,” he said.

McBride said she will follow the rules outlined by Johnson “even if I disagree with them.”

“This effort to distract from the real issues facing this country hasn’t distracted me over the last several days, as I’ve remained hard at work preparing to represent the greatest state in the union come January,” she said in a statement shared to social media.

Johnson’s statement came on Transgender Day of Remembrance, which is observed on Nov. 20 and honors transgender people who have died from violence. He acknowledged Tuesday that the issue of restroom access for transgender lawmakers is one the lower chamber has not confronted before, but told reporters that the House would address it “in deliberate fashion with member consensus on it, and we will accommodate the needs of every single person.”

Johnson said he would not “engage in silly debates” when asked whether McBride is a man or a woman.

“We welcome all new members with open arms who are duly elected representatives of the people,” Johnson said. “I believe it’s a command that we treat all persons with dignity and respect, and we will, and I’m not going to engage in silly debates about this.”

He declined to say whether he plans to include Mace’s proposal in a package of rules that will govern the next Congress. 

“We don’t look down upon anyone. We treat everybody with dignity and respect. That’s a principle that I’ve pursued my whole life,” he said. “And we will take care of this issue of first impression for Congress as we will any other thing. We’ll provide appropriate accommodation for every member of Congress.”

Johnson later sought to clarify his response about whether McBride is a man or a woman.

“A man is a man and a woman is a woman and a man cannot become a woman,” he said. “That said, I also believe — that’s what Scripture teaches, what I just said — but I also believe that we treat everybody with dignity and so we can do and believe all those things at the same time.”

House Democrats condemned Mace’s resolution and accused her of bullying a fellow member of Congress.

“This is what we’re doing? This is the lesson that you’ve drawn from the election in November? This is your priority, that you want to bully a member of Congress, as opposed to welcoming her to join this body so all of us can work together to get things done and deliver real results for the American people?” Democratic Leader Hakeem Jeffries said. 

Rep. Robert Garcia, a California Democrat, called the proposal “disgusting” and said, “I was sick to my stomach when I read that.”

Mace, meanwhile, claimed that she is being targeted and vowed to introduce new legislation that focuses on protecting “women and girls everywhere.” She said if Johnson does not include her resolution in the package of rules for the new Congress, she would seek to amend it or force a vote on her measure.

contributed to this report.