SC Senate advances bill requiring students to use bathrooms based on sex at birth

COLUMBIA, S.C. (WIS) - A bill that would require South Carolina public school students to use restrooms based on the sex listed on their birth certificate cleared the state Senate on Wednesday, sending the measure back to the House for further consideration.

Republican lawmakers have pushed the proposal for months, calling it a matter of privacy and safety. Democrats, meanwhile, argue the bill unfairly targets transgender students and distracts from more pressing issues facing the state.

If enacted, the legislation would make permanent a temporary state policy already in effect that requires students to use restrooms corresponding with their sex assigned at birth. GOP leaders in both chambers have identified the bill as a top priority this session.

Under the measure, school districts that fail to comply could lose up to 25% of their state funding. The bill would also allow individuals to file lawsuits if they encounter someone of the opposite birth sex using the same restroom.

Senate Majority Leader Shane Massey, a Republican from Edgefield, said schools could easily avoid penalties by following the law.

“Do you know how a school — a K‑12 school or a university — could avoid a lawsuit or the financial penalty?” Massey said. “Comply. Follow the law. Comply with the law.”

Following concerns raised by school districts about the potential cost of building new facilities, senators amended the bill to provide schools with additional compliance options. Under the changes, schools would not be required to construct new restrooms but could instead offer a single‑occupancy restroom, provide temporary private access to an existing facility or use a portable restroom.

Massey said the amendment allows schools to comply quickly and affordably.

“This would allow for immediate compliance,” he said. “We’re just talking about putting up a sign or changing the designation of one room versus another. Or if you have very small buildings that may not have a bathroom at all, you can buy a porta‑potty.”

Democrats pushed back, saying students should never potentially have to use a Porta-John at school.

Senate Minority Leader Brad Hutto, a Democrat from Orangeburg, questioned why lawmakers devoted significant time to the measure.

“We are the fastest‑growing state in the country,” Hutto said. “We’re at war. We’ve got people paying over $5 for diesel. We’ve got all sorts of issues we could deal with, and this is the most important thing we put on special order?”

Other Senate Democrats warned the bill could face legal challenges. Sen. Ed Sutton, a Democrat from Charleston, said he believes the measure violates Title IX, the federal law prohibiting sex‑based discrimination in education.

“The Fourth Circuit’s already ruled this unconstitutional. The Supreme Court refused to hear it,” Sutton said. “This law is never going into effect. We’ve already been down that road, so this is all just a waste of time.”

Because the Senate amended the bill by adding accommodation requirements, the legislation now returns to the House. Lawmakers there can either accept the Senate’s changes or modify the bill further, potentially sending it back for another vote.

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