Governor McMaster Signs Law Restricting School Restroom Access by Sex Assigned at Birth

Governor Henry McMaster has signed into law House Bill 4756, officially known as the “South Carolina Student Physical Privacy Act.” The new legislation mandates that individuals use restrooms, locker rooms, and changing facilities that align with their biological sex assigned at birth across all public educational institutions in the state.

The law permanently codifies restrictions that were previously passed as temporary year-to-year budget measures for K-12 schools, while newly extending the mandates to all public colleges and universities statewide.

Financial and Legal Consequences for Non-Compliance

The legislation introduces strict mechanisms for enforcement, heavily impacting school operations and funding. Under the new statute:

• Funding Cuts: Any public school district, college, or university found to be out of compliance with the law risks losing up to 25% of its state operations funding.

• Civil Action: The law creates a private cause of action, allowing individuals to file lawsuits against an educational institution if they encounter someone of the opposite biological sex in a gender-segregated facility.

To accommodate privacy requests, the law requires that public campus buildings provide at least one single-stall or single-user restroom facility. An amendment added during the legislative process also permits schools to utilize temporary outdoor portable facilities to meet accommodation requirements.

Divided Reactions Across the State

The bill’s passage has drawn starkly contrasting reactions from advocacy groups and community leaders.

Supporters of the law, including the Alliance Defending Freedom, praised the governor’s decision, stating that the law prioritizes the dignity, privacy, and safety of female students in intimate spaces and overnight accommodations.

Conversely, civil rights organizations have strongly condemned the legislation. The ACLU of South Carolina released a statement criticizing the law, arguing that it targets a vulnerable population and will exacerbate issues of bullying and discrimination against transgender and non-binary youth. Opponents also raised concerns regarding how the law will be practically enforced and the potential for increased scrutiny of students who do not conform to traditional gender expectations.

With the governor’s signature, public school districts and higher education institutions across South Carolina must now update their campus facility policies to ensure compliance ahead of the upcoming academic terms.

South Carolina bill would require bathrooms based on sex assigned at birth provides a brief broadcast update on the legislative debate and reactions surrounding the multi-occupancy restroom restrictions in state schools.