South Carolina Gov. Henry McMaster has signed a new law that reshapes how public schools and universities handle bathrooms, locker rooms, and student housing, while allowing outdoor portable toilets as a fallback option for transgender students when single-user restrooms are not available.
The legislation, known as the South Carolina Student Physical Privacy Act, has quickly sparked debate over privacy, safety, and how schools will implement its requirements ahead of the 2026–2027 academic year.
Porta-Potties As A Compliance Option
At the center of the controversy is a provision that allows schools to designate outdoor portable toilets as single-occupancy restrooms if no indoor option exists.
The law requires that multi-user bathrooms, changing rooms, and locker rooms in public K–12 schools and public colleges be assigned based on “biological sex observed or verified at birth,” according to reporting from ABC Columbia.
While the statute does allow schools to provide single-user restrooms upon request, it also explicitly permits alternatives such as temporary exclusive-use facilities, or portable outdoor units.
Advocacy Groups Raise Safety Concerns
LGBTQ+ advocates and civil rights organizations warn that the policy could create unsafe conditions for transgender and non-binary students, particularly in schools without adequate facilities.
The Campaign for Southern Equality said in an Instagram post that the measure could make basic needs “difficult and even dangerous” for trans students.
Ahead of the bill’s signing, the group stated: “This bill will do nothing to make our schools safer. Rather, it will make using the bathroom a difficult and even dangerous experience for trans and non-binary youth, who are extremely likely to be bullied and harassed when using the bathroom.”
The American Civil Liberties Union also criticized the law, arguing it targets a vulnerable population already at higher risk of harassment in school environments.
Jace Woodrum, the first transgender executive director of the ACLU of South Carolina, said the legislation misrepresents its intent.
“We all care about safety and privacy for students; this law isn’t about that. This law is about making life harder for a small group of students who already face higher risks of bullying, harassment, and violence,” Woodrum said. “Transgender people have always been a part of our communities. For decades, educators have ensured the safety and privacy of all students without banishing transgender young people. Just ten years ago, the state’s Republican leaders considered laws like this to be unnecessary and harmful. Today, transgender people are an obsession for politicians who’d rather target vulnerable kids than solve the real problems we face.”
What The Law Covers Beyond Bathrooms
The legislation extends beyond restrooms. It also regulates locker rooms, changing facilities, student housing, and school-sponsored overnight trips.
Under the new rules, students cannot be required to share sleeping quarters with members of the “opposite sex” unless they are family members.
Schools and universities that fail to comply face potential financial consequences, including a possible 25% reduction in state education funding.
Supporters Call It A Privacy Measure
Supporters of the law argue it restores privacy protections in school settings.
U.S. Rep. Nancy Mace praised the measure, framing it as a safeguard for students.
“This is a commonsense law that protects our daughters in South Carolina’s schools and universities. Men do not belong in women’s bathrooms. Men do not belong in women’s locker rooms. South Carolina got this right,” Mace said in a statement.
A Broader Pattern Of Restrictions
The law places South Carolina among a growing number of states implementing sex-based restrictions in school facilities. According to the Movement Advancement Project, it becomes the 21st state to adopt policies barring transgender students from using bathrooms aligned with their gender identity in educational settings.
The law also reflects a broader shift in state policy in recent years. McMaster previously signed legislation restricting transgender participation in school sports in 2022 and later approved a ban on gender-affirming care for minors.
Critics say the new bathroom law expands that reach into everyday school life, from classroom buildings to overnight trips, reshaping routine spaces into points of legal compliance and, potentially, conflict.
