South Carolina governor signs bathroom law that could force trans students into porta-potties

South Carolina Gov. Henry McMaster just signed a bathroom law impacting all public schools and universities.

The new law passed earlier this year by the South Carolina legislature segregates multi-stall bathrooms and changing spaces at public K-12 schools and public colleges and universities to be designated based on sex assigned at birth. That applies to school restrooms, locker rooms, and even student housing. The law also applies to overnight school trips and shared sleeping quarters. The law allows single-user restrooms to be made available upon request. Under the statute, accommodations can include a single-user restroom, temporary exclusive use of a facility, or even a single-user portable restroom or changing facility.

The American Civil Liberties Union slammed the new law. Jace Woodrum, the first trans executive director of the ACLU of South Carolina, said the law endangers students throughout the Palmetto State.

“We all care about safety and privacy for students; this law isn't about that. This law is about making life harder for a small group of students who already face higher risks of bullying, harassment, and violence,” Woodrum said.

Related: South Carolina Senate passes bill restricting transgender students’ bathroom use

“Transgender people have always been a part of our communities. For decades, educators have ensured the safety and privacy of all students without banishing transgender young people,” Woodrum said. “Just ten years ago, the state’s Republican leaders considered laws like this to be unnecessary and harmful. Today, transgender people are an obsession for politicians who’d rather target vulnerable kids than solve the real problems we face.”

According to the ACLU, in the course of advancing the bill, the South Carolina Senate amended it “so that schools can install a temporary outdoor facility for transgender students — in other words, a porta-potty."

But the new law marked a shift under the Republican governor toward an environment more hostile to transgender people overall.

In 2022, McMaster in 2022 signed a law regulating participation in sports by transgender students, and last year approved a statute banning gender-affirming care for minors in the state. The new law extends into students' everyday lives, including the moments they use the toilet.

Related: South Carolina slammed with lawsuit from 13-year-old trans boy over bathroom rights

The new law also opens school districts up to statutory financial penalties and reductions in state funding if they do not comply with the policies.

The move makes South Carolina the 21st state to ban transgender people from using bathrooms and locker rooms consistent with their gender identity in schools, according to the Movement Advancement Project.

Conservatives cheered the law’s passage. Nancy Mace, a Republican running for governor who once confronted a woman in a Capitol bathroom, wrongly mistaking her for the first out trans member of Congress, Rep. Sarah McBride of Delaware, praised McMaster for signing the law.

“This is a commonsense law that protects our daughters in South Carolina’s schools and universities. Men do not belong in women’s bathrooms. Men do not belong in women’s locker rooms. South Carolina got this right,” Mace said.

“I led this effort at the federal level, and I applaud South Carolina for following suit. As governor, I will enforce this law without apology and make sure every school in this state complies. Protect our daughters.”