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A GOP lawmaker introduces a Capitol bathroom rule before her trans colleague arrives

Rep. Nancy Mace, right, has authored a resolution that would ban trans women from women's bathrooms at the U.S. Capitol, just weeks before Rep.-elect Sarah McBride, left — the first openly trans person elected to Congress — is set to be sworn in.
Andrew Harnik, Tom Williams/CQ-Roll Call, via Getty Images
Rep. Nancy Mace, right, has authored a resolution that would ban trans women from women's bathrooms at the U.S. Capitol, just weeks before Rep.-elect Sarah McBride, left — the first openly trans person elected to Congress — is set to be sworn in.

Republican Rep. Nancy Mace of South Carolina is defending a measure she recently introduced that would ban transgender women from women's bathrooms in the U.S. Capitol.

It is unclear if the effort will get a vote or if rules in the Capitol will be changed, but the move comes just two weeks after Democrat Sarah McBride became the first openly transgender person elected to Congress.

Speaking to reporters on Tuesday, Mace characterized this specific measure as an attempt to protect women's rights.

"I know how vulnerable women and girls are in private spaces," she said. "So I'm absolutely, 100 percent, going to stand in the way of any man who wants to be in a women's restroom, in our locker rooms, in our changing rooms, I will be there fighting you every step of the way."

But when asked if McBride's arrival was the catalyst, Mace was clear.

"Yes and absolutely and then some," she said.

Republicans have increasingly amplified anti-trans messaging in recent years and it's morphed into a common political talking point. Now, the conversation is playing out within the halls of Congress.

McBride responded to the legislation in a Monday night post on X.

"We should be focused on bringing down the cost of housing, health care, and child care, not manufacturing culture wars," McBride wrote. "Delawareans sent me here to make the American dream more affordable and accessible and that's what I'm focused on."

McBride, who won Delaware's lone house seat earlier this month, said in her victory speech that she "ran not to make history but to make a difference."

Shortly after, she spoke to NPR about her plans for legislating across the aisle, which she said starts by moving "past the issues that are in the headlines, that are trending on social media."

"I know that's going to be more difficult in D.C. than it has been in Dover, but I truly believe that when we give up on that openness to collaborate, we ultimately give up on our ability to have a democracy," McBride added.

How Republican members of Congress are reacting

Firebrand conservative Rep. Marjorie Taylor Greene of Georgia was quick to praise Mace's measure publicly.

"America is fed up with the trans ideology being shoved into our face," Greene told reporters on Tuesday. "Women have been the victim of this garbage for long enough."

A measure governing access to facilities in the House would only need a simple majority within the House of Representatives in order to take effect — no Senate passage or presidential signature required. However, Republicans hold a razor thin majority in the House and will narrowly control the chamber again next year – meaning they can't afford to lose many votes in order to get bills passed.

In order to get the measure through without a vote, Mace has alternatively lobbied for putting it in the House rules package, a move she said House Speaker Mike Johnson agreed with.

"And if he doesn't then I will file a privilege motion to force a vote on it," Mace added. "This is the last war on women and I aim to stop it."

During a press conference with House Republican leadership, Johnson did not confirm whether he would include it in the rules package and instead struck a more united tone.

"We don't look down upon anyone. We treat everybody with dignity and respect," Johnson said. "We'll provide appropriate accommodation for every member of Congress."

Other House Republicans have pushed back, arguing members instead focus on pressing policy issues before the end of the term.

"I'm not getting involved in a bathroom debate. It's not what I came to Congress for," said Rep. Tom Cole, R-Okla. "We ought to be doing disaster relief and appropriations bills."

Republicans campaigned in part on limiting transgender rights

While voters consistently listed immigration and the economy as their top concerns this election season, Republican candidates — from President-elect Donald Trump to House and Senate hopefuls — spent a lot of time and money focusing on trans issues and seeking to portray Democrats as too extreme.

The Trump campaign ran ads against Vice President Harris using the statement, "Kamala is for they/them. President Trump is for you."

Trump has repeatedly addressed transgender rights, saying that under his tenure public schools, hospitals and health care providers will no longer receive federal funding if they promote ideas about gender transitioning or perform gender-affirming surgeries or care to minors (which 25 states have passed laws barring).

The 2024 GOP platform also lists "Keep Men Out of Women's Sports" as one of its 20 promises.

A number of prominent House Democrats have spoken out about Mace's proposal and several party leaders criticized it during their press conference on Tuesday.

"What they are talking about there on day one is where one member out of 435… is going to use the bathroom," said Rep. Katherine Clark, D-Mass., who serves as House minority whip. "That is their focus."

Copyright 2024 NPR

Elena Moore
Elena Moore is an assistant producer for the NPR Politics Podcast. She also does political reporting for the Washington Desk and fills in as a reporter for the NewsDesk. During the 2020 presidential campaign, she worked as an editorial assistant, doing both research and reporting.
Rachel Treisman
Rachel Treisman (she/her) is a writer and editor for the Morning Edition live blog, which she helped launch in early 2021.