The bill seeks to prevent "members, officers, and employees of the House from using single-sex facilities other than those corresponding to their biological sex". Mace stated her intent was to act as alitmus test for women's rights among male Republican politicians.[2]
On November 18, 2024, Mace introduced a resolution to bantransgender people from using bathrooms other than those of theirsex assigned at birth at the U.S. Capitol, in anticipation of the swearing in ofSarah McBride, who is thefirst trans person elected to Congress.[3][4] Macemisgendered McBride in several statements, and said it was “offensive” for a trans woman to think of herself as her equal.[3][5] She confirmed that McBride was "absolutely" the target of her bathroom resolution.[6] Talking toLeland Vittert, Mace announced that she will "fight like hell" to exclude McBride from women's restrooms on the Capitol.[7] Mace's 2024 House resolution would prevent McBride from using "single-sex facilities". H. Res. 1579 was entitled, "Prohibiting Members, officers, and employees of the House from using single-sex facilities other than those corresponding to their biological sex, and for other purposes."[8][9]Mary Miller andMatt Rosendale co-sponsored her bathroom resolution.[10]
Mike Johnson's bathroom ban extends to trans andnon-binary staff members, interns and any visitors, including members of the public.[11] The ban was renewed when the119th United States Congress convened on January 3, 2025.[12]
One day after the bathroom bill,Marjorie Taylor Greene expressed her chagrin that Mace's bill did not go far enough. Greene told reporter Pablo Manríquez, "I support a resolution that keeps all biological men out of women's bathrooms, locker rooms, and private places. Not only here in the Capitol complex, our office buildings, but all taxpayer-funded facilities".[13] Two days later, Mace announced a new expanded House resolution to ban "Biological Men from Women's Spaces on All Federal Property".[14] The broader bill was "H.R.10186 - To prohibit individuals from accessing or using single-sex facilities on Federal property other than those corresponding to their biological sex, and for other purposes".[15]Michael Rulli and Marjorie Taylor Greene announced their support with co-sponsorship.[16]
Demonstrators protested the Capitol bathroom ban that requires birth-based bathroom usage on December 5, 2024.Capitol Police arrested 15 people protesters includingChelsea Manning[17][18] andRaquel Willis.[19] Manning said: "I'm here today because every person deserves dignity and respect, both in daily life and in more symbolic places like the U.S. Capitol."[20] The protesters chanted, "Democrats, grow a spine!"[21] Willis said: "In the 2024 election, trans folks were left to fend for ourselves after nearly $200 million of attack ads were disseminated across the United States."[22]
Nancy Mace addressed the protesters with a transphobic slur.[23][24] Mace posted on X, "Thetrannies came, they saw and they did not conquer during their protest",[25] which was labeled "hateful conduct" byX staff.[26] Mace also used a bullhorn to issue aMiranda warning to the protestors.[27][28][29]
Critics of the ban and its Republican supporters accused them of hypocrisy since other politicians, such asDonald Trump and some potential members of his administration, have been accused of sexual assault.[30] Additionally, critics have decried thattransphobia has become a centralGOP policy.[28][31]Jen Psaki has urged Democrats to confront bigotry head-on.[32][33]
Mace has also been criticized in the media. OnThe View,Sara Haines said Mace was a bully.[42]The Daily Show co-hostDesi Lydic said Mace was "trying to get actual predators into the highest levels of government".[43][44]Ana Kasparian ofThe Young Turks criticized Mace for attacking and misgendering McBride in an interview.[45] On the basis of Mace's Human Rights Campaign Scorecard, anLGBTQ Nation analysis suggested she was "always a transphobic extremist".[46]
In response to the bathroom ban,GLAAD issued a press release stating:"'Biological sex' is not an accurate nor a scientific term, but is used by opponents of transgender people to dehumanize them and deny their equal access to society."[47]Advocates for Trans Equality criticized Mace's measures, saying they were "designed to divide us" and "unfairly single out a vulnerable community".[48]Kelley Robinson, president of theHuman Rights Campaign, said the policy was "cruel and discriminatory" and affected "all trans and nonbinary people who work and visit the Capitol".[49]
Elon Musk tweeted his support for Nancy Mace with a meme with the text: "yourmental illness is not my new reality".[50]Megyn Kelly misgendered McBride and said she must use "the men's bathroom".[51] Trans-rights activist Stephanie Wade has criticized Representative-elect Sarah McBride for her acquiescence to follow the rules of the house, arguing that it ignores the dignity and safety of gender minorities.[52]
Whereas most of Mace's tweets relating to the topic were promoted, two received a warning label from X forhate speech on December 5, 2024. Mace denied the assertion, writing, "It's not hate speech."[53] In interviews, Mace has also misgendered McBride, saying, "I'm not into pronouns. I don't care... I'm not going to play into thisgender ideology."[54] Mace says she has received multipledeath threats over the bathroom bill, saying, "Men that want to use women’s restrooms are threatening to kill me over this issue."[55]
