U.S. Rep. Nancy Mace, a Republican from South Carolina, introduced a resolution Monday that would bar transgender women from using women’s restrooms at the U.S. Capitol. The measure, widely seen as a direct attack on Democratic U.S. Rep.-elect Sarah McBride of Delaware, the first out transgender member of Congress, has been sharply criticized as discriminatory and politically motivated.
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The text of the resolution uses the transphobic dog whistle “biological males” and states that allowing trans women into women’s spaces “jeopardizes the safety and dignity” of women in the Capitol and House office buildings. It tasks the House Sergeant-at-Arms with enforcing the ban. Trans women are women.
Mace defended the proposal, telling Fox News, “The sanctity of protecting women and standing up against the Left’s systematic erasure of biological women starts here in the nation’s Capitol.”
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The resolution requires Capitol Hill’s single-sex facilities to be used based on individuals’ “biological sex.”
Melanie Zanona of Punchbowl News wrote on X, formerly Twitter that a source told her U.S. Rep. Marjorie Taylor Greene, a Republican from Georgia, said she would "get into a 'physical altercation' if there is a biological male in the women’s bathroom.'"
Zanona also reported that Speaker Mike Johnson has agreed to support Mace's attempt to ban trans women from women's bathrooms on the Hill.
Mace admitted that the resolution targeted McBride. "Yes and absolutely, and then some," told reporters, according to NBC News.
“This is a blatant attempt from far-right extremists to distract from the fact that they have no real solutions to what Americans are facing,” McBride told The Advocate. “We should be focused on bringing down the cost of housing, health care, and child care, not manufacturing culture wars. Delawareans sent me here to make the American dream more affordable and accessible, and that’s what I’m focused on.”
McBride’s historic election earlier this month was celebrated as a milestone for transgender representation in government. As the nation’s first out transgender state senator and now Congresswoman-elect, McBride has built a reputation for passing bipartisan legislation, including protections for LGBTQ+ people and paid family leave.
“It’s been a while since Nancy Mace has had her 15 minutes of fame,” Wisconsin U.S. Rep. Mark Pocan, chair of the Congressional Equality Caucus, told The Advocate in a statement. “Republicans keep desperately lashing out against trans people to try and distract from the fact that this Congress has been one of the least productive in history—they can’t even pass a Farm Bill or pass major appropriations bills, so they turn to using these cruel attacks to distract from their inability to govern and failure to deliver for the American people. Nancy Mace’s resolution is a pathetic, attention-seeking attempt to grab Trump’s eye and the media spotlight—and trans people, including trans employees, are paying the price.”
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Pocan assured that the Equality Caucus will continue to resist anti-LGBTQ+ measures in the next Congress. “The Equality Caucus will continue to do everything we can to keep bad bills from moving and defeat them if they come to the floor,” he said.
Advocacy groups and allies were quick to condemn Mace’s proposal. Laurel Powell, spokesperson for the Human Rights Campaign, described it as a ploy for attention at the expense of the trans community. “Let’s call this what it is: Rather than focusing on issues that matter to Americans, Rep. Mace is seeking a spotlight by being cruel and discriminating against her incoming colleague, the first openly transgender person to be elected to Congress,” Powell said in a statement.
“Her resolution would also target trans people who have worked and served in the Capitol long before this month’s elections–more proof this is merely a political charade by a grown-up bully,” Powell continued. “It is also another warning sign that the incoming anti-equality House majority will continue to focus on targeting LGBTQ+ people rather than the cost of living, price gouging, or any of the problems the American people elected them to solve.”
Ash Lazarus Orr, press relations manager of Advocates for Trans Equality, said the measure violates democratic principles and deflects from real challenges. “Denying trans people access to bathrooms or changing rooms that align with their gender identity goes against the fundamental democratic values that our society is built on,” Orr told The Advocate. “Like everyone else, trans people simply want to live openly and authentically. Everyone should have the right to access public spaces without fear of persecution or harassment.”
Orr pointed to policies in 19 states and more than 200 towns that already protect trans people’s rights to use facilities aligned with their gender identity, without increases in public safety concerns. “By targeting the trans community and stripping us of our basic rights, House Republicans are diverting attention from the real challenges facing all Americans,” Orr said.
Equality PAC Co-Chairs Rep. Mark Takano of California and Rep. Ritchie Torres, of New York, described Mace’s resolution as “bullying” and accused her of prioritizing headlines over governance. “House Republicans have decided to single out one newly elected Member of Congress and make her life more difficult for absolutely no reason at all,” they said in a joint statement. “This is nothing more than a pathetic attempt from a Member who has repeatedly shown no interest in governing simply to make headlines and get attention. Congress has a responsibility to focus on the issues that matter to all Americans, not to police who uses which bathroom.” The congressmen vowed to stand behind McBride.
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The resolution is part of a larger trend of Republican-led efforts to restrict LGBTQ+ rights, including legislation to block federal funding for gender-affirming care and bar transgender students from competing on sports teams that align with their gender identity.
McBride’s victory comes during a time of rising attacks on transgender rights. More than 550 anti-LGBTQ+ bills were introduced nationwide this year, with a significant portion targeting transgender individuals’ access to health care, bathrooms, and sports participation, according to the American Civil Liberties Union.
The Advocate contacted Republican Speaker of the House Mike Johnson, Democratic House Leader Hakeem Jeffries, and the House Sergeant at Arms for comment but did not receive responses by publication time.
