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Why South Carolina's Bathroom Bill Has Little to Do with Transgender People

By Marissa Mayer posted on:
October 17, 2017

In the wake of massive campaigns of misinformation in North Carolina, Mississippi, and Georgia, South Carolina's new bathroom bill is barely a blip on the radar of LGBT advocates. So far.

The bill, introduced by Senator Lee Bright is designed to protect people's bodily privacy and safety by preventing men from entering and using restrooms and locker rooms, and other intimate places with women and children.

But misinformation the bill is discriminatory and aimed specifically at people who identify as transgender has already begun.

In reality, the text of the bill doesn't actually mention transgender people. The bill simply holds that, among other things, "Multiple occupancy bathrooms and changing facilities located on public property shall be designated for and only used by a person based on his biological sex." This would also extend to bathrooms, locker rooms and showers in public schools.

"If the right to privacy means anything, it certainly means that women and girls should not be compelled to undress, shower, or use the restroom in the presence of men. This is just common sense," said Alliance Defending Freedom legal counsel Kellie Fiedorek.

Despite what has been said about South Carolina's bill and others like it, no one is trying to vilify men who identify as transgender by claiming that their motive is to spy on or assault women.

But the reality is women and girls have a right to their bodily privacy. Children have a right not to be exposed to private anatomy of the opposite sex. Laws like the one proposed in South Carolina do exactly that - protect their right to privacy.

So where does that leave people who identify as transgender?

First of all, no one wants to see transgender people bullied or assaulted, and there are laws that make such conduct illegal. Secondly, providing single-occupancy accommodations for people who do not want to use the restroom or locker room of their biological sex, or who do not want to use the restroom with anyone else at all, is a reasonable and compassionate solution that does not involve creating a bathroom free-for-all.

Regarding a similar bill that was voted on in South Dakota, ADF Legal Counsel Matt Sharp, in an appearance on ESPN’s Outside the Lines, talked more about how accommodations are a better and safer solution for everyone, especially in a school setting, See what he had to say below.


Society has always recognized the innate differences between men and women and respected those differences by providing separate facilities for showering, changing, and using the restroom. But as LGBT activists continue to push to open the bathroom doors to people of the opposite sex, legislatures will need to take a proactive stance to protect the privacy and safety of its citizens. And that's exactly what South Carolina is doing.



Marissa Mayer

Marissa Mayer

Senior Copywriter & Editor

Marissa Mayer is an Arizona native who fell in love with the written word at a young age.

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