Ever since the historic election of Sarah McBride to the House of Representatives, Republicans have sought to make her inclusion in the legislative hall divisive, starting by excluding her from women’s bathrooms. While an anti-trans bathroom policy has not faced a vote, House Speaker Mike Johnson has quietly enacted the ban on his own.
Over the past weeks, Rep Nancy Mace has launched a crusade to bar McBride from women’s restrooms within the House. The crusade quickly devolved into a spectacle, as Mace made headline after headline for misgendering McBride and slurring protestors.
McBride made headlines herself with a response many of her supporters found disappointing. In a statement, the representative-elect said that she would agree with whatever rules were put in place. “I’m not here to fight about bathrooms,” she said. “I’m here to fight for Delawareans and to bring down costs facing families.”
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Mace originally sought to include the anti-trans bathroom policy in the House rules package outlining the assembly of the 119th Congress. But despite all the culture war bluster, the bathroom ban was notably absent. That may be because Johnson had a plan to restrict bathroom access on his own.
As House Speaker, Johnson has authority over many of the common facilities within the House. According to The Advocate, he used that authority to restrict all single-sex facilities on the basis of “biological sex.” The policy announcement was buried within the 80+ page Congressional Record and has since flown under the radar.
“In all areas of the Capitol subject to the Speaker’s general control under clause 3 of rule I,” the text reads, “all single-sex facilities—such as restrooms, changing rooms, and locker rooms—are reserved for individuals of that biological sex. This policy will be enforced by the Sergeant-at-Arms. It is important to note that each Member office has its own private restroom, and unisex restrooms are available throughout the Capitol.”
Like many bathroom bills Republicans have floated across the country, it is unclear how they expect to enforce it. That’s probably because the policy is pointedly targeted to one individual: the first transgender member of Congress.
In a statement to The Advocate, Human Rights Campaign president Kelley Robinson slammed the announcement. “This cruel and discriminatory policy has nothing to do with helping the American people or addressing their priorities; it’s all about hurting people,” Robinson said.
“It targets not just Congresswoman McBride, but all trans and nonbinary people who work and visit the Capitol — public servants who have been working in the Capitol for years but are now the subject of cynical political games. Speaker Johnson has proven yet again that the Republican majority is more focused on culture wars than on the needs of the country.”
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