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The announcement was tucked away in the Congressional Record.
After South CarolinaRepublican U.S. Rep. Nancy Mace made a spectacle of transgender people’s access to bathrooms in the U.S. Capitol at the end of the 118th Congress last year, Republican House Speaker Mike Johnson has quietly announced a rule restricting bathroom usage in the 119th Congress.
The policy, detailed on page 26 of the 87-page January 3 edition of the Congressional Record, mandates that single-sex facilities—restrooms, locker rooms, and changing rooms—be used solely based on a person’s gender assigned at birth. Notably, the rule was not included in the high-profile House rules package debated and voted on last week. Instead, it relies on unilateral authority delegated to Johnson under the House rules, which gives him “general control” over House-controlled facilities.
Related: Nancy Mace’s anti-trans Capitol bathroom rules didn’t make the House rules package
“The Chair announces to the House a new policy that will be implemented in the 119th Congress pursuant to clause 3 of rule I,” the Congressional Record states. “In all areas of the Capitol subject to the Speaker’s general control under clause 3 of rule I, 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.”
It’s unclear how the policy would be enforced.
Critics argue the policy is unnecessary and discriminatory, decrying it as another GOP attempt to stoke cultural division. The rule has drawn condemnation from LGBTQ+ advocates who see it as a direct attack on Delaware Rep. Sarah McBride, the first out transgender member of Congress.
Related: Trans U.S. Rep-elect Sarah McBride on Mike Johnson’s Capitol bigotry: ’Not here to fight about bathrooms’
Human Rights Campaign president Kelley Robinson sharply criticized the rule, telling The Advocate, “This cruel and discriminatory policy has nothing to do with helping the American people or addressing their priorities; it’s all about hurting people. 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.”
A spokesperson for McBride told The Advocate that while the Congressional Equality Caucus is addressing the issue, McBride remains focused on her legislative priorities. The spokesperson said she stands by her earlier statement that she will follow all House rules.
Unlike the House, the Senate—also under Republican control—has not enacted a similar policy. Transgender people in Senate-controlled areas remain free to use bathrooms aligned with their gender identity. The Advocate has contacted Senate Majority Leader John Thune’s office to confirm whether such a rule is being considered.
Related: ‘A betrayal’: Trans people respond to Sarah McBride’s bathroom ban compliance
Last year, Mace explicitly targeted McBride with a resolution to bar transgender people from bathrooms. Although Mace’s measure did not pass, Johnson achieved the same outcome through his discretionary authority, bypassing legislative scrutiny.
The new policy also comes amid heightened tensions over LGBTQ+ rights as President-elect Donald Trump prepares to take office. After spending millions on anti-transgender ads during his campaign, Trump recently dismissed the need for bathroom restrictions as overblown, telling Time, “I don’t want to get into the bathroom issue. Because it’s a very small number of people we’re talking about, and it’s ripped apart our country.”
