Nobody knows how Mike Johnson's bathroom ban gets enforced
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House Speaker Mike Johnson at the U.S. Capitol on Nov. 19, 2024. Photo: Kevin Dietsch/Getty Images.
Neither of the House members who oversee the administration of the lower chamber has a clear answer on how House Speaker Mike Johnson's (R-La.) new transgender bathroom ban will be enforced.
Why it matters: Transgender bathroom access is a fight that has raged for years on the state level, and enforceability has been a central point of tension. Now Johnson is bringing that fight to Congress' doorstep.
- Johnson told reporters on Wednesday that "like all policies, it's enforceable," but did not offer any specifics.
- Rep. Nancy Mace (R-S.C.), who first raised the issue earlier this week in an effort to target Rep.-elect Sarah McBride (D-Del.), has suggested having the House sergeant-at-arms enforce the ban.
What they're saying: "I think the speaker's statement speaks for itself," House Administration Committee Chair Bryan Steil (R-Wisc.) told Axios when asked about enforcement.
- Rep. Joe Morelle (D-N.Y.), Steil's Democratic counterpart, said he hasn't seen the language of the ban and that it's "not clear exactly who's being banned."
- "I have no idea how it's going to be [enforced]," Morelle added, jokingly suggesting that Mace and Rep. Marjorie Taylor Greene (R-Ga.) be appointed as "bathroom monitors."
What we're hearing: One House Republican, speaking on the condition of anonymity, suggested the ban would have to be "socially enforced."
- Said the lawmaker: "Right now, those rules are enforced as sort of social norms. ... Do we staff every bathroom?"
- "If a woman is in a restroom with this member and she makes a call, then the rule gets enforced," they said, arguing that Johnson "understands that unless Nancy [Mace] is making a call from the bathroom, it's not something" that will be an issue.
Between the lines: In the case of McBride, who will be the first openly transgender member of Congress, it is likely a moot point.
- "I'm not here to fight about the bathrooms. ... Like all members, I will follow the rules as outlined by Speaker Johnson, even if I disagree with them," she said in a statement on Wednesday.
- The ban could still be an issue for transgender staff members and visitors.
The bottom line: To many senior Republicans, this is simply a question they would rather not have to deal with.
- "There's so many things that we've got to be focused on. We're $36 trillion in debt," said Rep. Blake Moore (R-Utah), the vice chair of the House Republican conference.
- "I don't care about all these random things that might make a headline. I'm focused on the real stuff. It's frustrating."
