Speaker Johnson restricts use of Capitol bathrooms by transgender people

[Jessica_Rose]

Speaker Johnson restricts use of Capitol bathrooms by transgender people

https://www.msn.com/en-us/news/politics/speaker-johnson-restricts-use-of-capitol-bathrooms-by-transgender-people/ar-AA1urDiD?ocid=windirect&cvid=77d045363cef4086aa61add7ca99e5d7&ei=53

Story by Maegan Vazquez, Mariana Alfaro (20 Nov 2024)

House Speaker Mike Johnson (R-Louisiana) said Wednesday that transgender individuals would not be allowed into restroom facilities in the Capitol and House office buildings that do not correspond with their sex assigned at birth, announcing the rule change about two weeks after Democrat Sarah McBride of Delaware became the first openly transgender individual elected to Congress.

"All single-sex facilities in the Capitol and House Office Buildings — such as restrooms, changing rooms, and locker rooms — are reserved for individuals of that biological sex," Johnson said in a statement. "It is important to note that each Member office has its own private restroom, and unisex restrooms are available throughout the Capitol. Women deserve women's only spaces."

This week, Rep. Nancy Mace (R-South Carolina) introduced a resolution to ban transgender women from female bathrooms in the Capitol. The resolution does not specifically name McBride, but Mace said Tuesday that "it's 100 percent because of McBride" and that the future congresswoman "doesn't get a say" in shaping the first-of-its-kind policy.

It's not clear yet how the new bathroom restrictions will be enforced.

[Robbyv213]

Wow... Great use of tax dollars right there. Let's fight about bathrooms in our workplace instead of the real issues the country is facing ... Waste of time and money.

[Lori Dee]

Another government official sworn to uphold the Constitution violates Title VII.

Still, no charges filed.

[Sarah B]

Hi Everyone

In terms of Sarah McBride there is basically only one option.  The 14th Admendment will not work since you can not sue the 'government'

Title VII prohibits employment discrimination based on sex.  Several cases are note worthy, although the court did not explicitly address restroom access for transgender individuals.

Bostock v. Clayton County (2020) clarified includes gender identity. While Bostock focused on employment, its principles influence broader anti-discrimination interpretations.

and

Griggs v. Duke Power Co. (1971), whether an employer's policies that disproportionately exclude certain groups violate Title VII even without overt discriminatory intent.  The Court established the principle of disparate impact, ruling that employment practices must be "job-related" and not unnecessarily exclude protected groups.

So Sarah McBride could:

Filing a complaint under Title VII of the Civil Rights Act of 1964 (if she is an employee of Congress). Title VII prohibits workplace discrimination, including discrimination based on gender identity (as clarified in the Supreme Court's Bostock v. Clayton County decision in 2020).  However, she is not an employee of congress.  So this would fail.

or

Advocating for policy changes within Congress, leveraging her political position and public platform.  This is the only avenue that seems to be viable.

"It has just been revealed in the news that  said she will comply with a policy instituted Wednesday by Speaker Mike Johnson (R-La.) barring transgender people from single-sex facilities that match their gender identity in the Capitol and House office buildings."[1]

"I'm not here to fight about bathrooms. I'm here to fight for Delawareans and to bring down the costs facing families. Like all members, I will follow the rules outlined by Speaker Johnson, even if I disagree with them," McBride said Wednesday in a statement posted to the social platform X.[1]

"All single-sex facilities in the Capitol and House Office Buildings — such as restrooms, changing rooms, and locker rooms — are reserved for individuals of that biological sex," Johnson said Wednesday. "It is important to note that each Member office has its own private restroom, and unisex restrooms are available throughout the Capitol." [1]

So the Sarah McBride 'fight' basically has just died.

Best Wishes Always
Sarah B
Global Moderator
[1]  McBride says she will 'follow the rules' of House bathroom ban

[Jessica_Rose]

As a protest, transgender men should begin using the ladies room at the Capitol.

Love always -- Jess

[Lori Dee]

As a protest, transgender men should begin using the ladies room at the Capitol.

Love always -- Jess

and "accidentally" leave their packers by the sink.