On a day meant to commemorate the transgender people who have been murdered in violent acts of bigotry, House Speaker Mike Johnson (R-La.) and Rep. Nancy Mace (R-S.C.) have united in bringing their transphobia to Congress.
On Wednesday, one day after Mace introduced a resolution to bar trans people from using the bathroom that aligns with their gender identity, Johnson unilaterally announced a policy doing just that. If enforced, the rule will apply to trans people using bathrooms and locker rooms in the Capitol building and House offices.
“Women deserve women’s only spaces,” Johnson told reporters. “And we’re not anti-anyone, we’re pro-woman.”
“It’s always been, I guess, an unwritten policy,” he added, “but now it’s in writing.” In an emailed statement, Johnson said, “It is important to note that each Member office has its own private restroom, and unisex restrooms are available throughout the Capitol.”
The move came on the annually recognized Transgender Day of Remembrance.
Speaker Johnson just now: “Yeah like all House policies it’s enforceable. Look, we have single-sex facilities for a reason. Women deserve women’s only spaces. And we’re not anti-anyone, we’re pro-woman. I think it’s an important policy for us to continue.” pic.twitter.com/m3FakHHoz7
— Ellis Kim (@elliskkim) November 20, 2024
As I wrote yesterday, although Mace’s resolution does not mention Rep.-elect Sarah McBride by name, Mace said the effort is “absolutely” meant to target McBride, the first openly trans person to be elected to Congress. (Mace has also repeatedly misgendered her on social media.) A spokesperson for McBride did not immediately respond to a request for comment Wednesday afternoon, but on Monday she 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” and alleged that Mace was “manufacturing culture wars.”
Johnson on Wednesday claimed the policy would be enforceable, but did not say how. He also did not commit to including it in the Rules package, which outlines protocol for the House, and which members will vote on at the start of the next session in early January. Mace’s resolution says the House Sergeant-at-Arms would be charged with enforcing the rule; that office did not immediately respond to a request for comment.
LGBTQ advocates have since slammed the policy—and questioned how it could even be enforced. Rep. Mark Pocan (D-Wis.), chair of the Congressional Equality Caucus, called Johnson’s announcement “a cruel and unnecessary rule that puts countless staff, interns, and visitors to the U.S. Capitol at risk.” Mace’s resolution specifies it applies to “members, officers, and employees of the House, but Johnson’s statement is less specific, and therefore potentially broader. It states, “all single-sex facilities…are reserved for individuals of that biological sex.”
Pocan also asked: “Will the Sergeant at Arms post officers in bathrooms? Will everyone who works at the Capitol have to carry around their birth certificate or undergo a genetic test?” Human Rights Campaign President Kelley Robinson said in a statement, “This new cruel and discriminatory policy has nothing to do with helping the American people or addressing their priorities—it’s all about hurting people.”
Mace isn’t stopping with the Capitol bathrooms, though. On Wednesday, she announced she plans to introduce a bill that aims to go further than her resolution does, by seeking to ban trans people from using women’s bathrooms and locker rooms on all federal property. It’s unclear if Johnson will support it. In a statement, Mace said: “The radical Left says I’m a ‘threat.’ You better believe it. And I will shamelessly call you out for putting women and girls in harm’s way.”
While questions over the enforceability of the policy go unanswered, both Mace and her GOP colleague Rep. Marjorie Taylor Greene (R-Ga.) have openly threatened to use physical violence against trans people in Congress who violate the bathroom policy. “It will come to throws—there will be fists if this happens,” Mace told the YouTube personality Michael Knowles on Wednesday.
Johnson’s office did not respond to repeated requests for comment about whether or not he condemns the threats of violence from the members.
At least 36 transgender and gender-nonconforming people have been killed in the US over the past year, according to a report by the Human Rights Campaign. On top of that, hundreds of pieces of legislation targeting LGBTQ people have been introduced in state legislatures nationwide, hate crimes against LGBTQ people reported to the FBI have reached record highs, and calls to a suicide crisis line for LGBTQ youth spiked nearly 700 percent the day after Trump’s reelection.
But on these realities, Mace and Johnson seem to have nothing to say.
