H.4756 has passed the House

H.4756, what we know as the “bathroom bill,” has passed today in the SC House of Representatives.

Two amendments were added to the bill before its passage today: 

FIRST

Reps. Waters and Rose’s amendment has changed the wording of the bill to allow only employees or students (rather than any individual) to sue, and this employee or student may only sue if they encounter someone they deem to be in the “wrong” restroom.

  • This amendment narrows our battle ground moving forward, meaning that not any person can file suit. If a lawsuit is filed, it must be by a student or employee of the public education system. If a public school provides permission for someone to use the “wrong” restroom; if they fail to take “reasonable steps” – whatever that means – to avoid someone using the “wrong” restroom; or if they require a person to share sleeping quarters with someone of the “opposite sex”, the school is liable and can be sued. 

SECOND

Rep. Hartnett’s amendment, spelling out that each public school building (including higher education institutions) must provide at least one single user restroom and changing facility. 

  • This amendment provides a layer of protection for gender non-conforming folks and others who may feel unsafe using a restroom labeled “male” or “female”. It allows a safe haven where gender expression won’t be scrutinized by passersby. We thank Rep. Hartnett for taking action and protecting our children where he could.

While this is a blow to our community, it is not a total loss. Rep. Hartnett’s amendment provides a layer of immediate protection for our community, should this bill continue to move forward.

What’s next:

In order to keep its momentum, H.4756 must pass a third and final reading before it moves to the Senate for debate. Once it reaches the Senate, it will have to pass through committee, subcommittee, and Senate floor votes before Governor McMaster has the opportunity to sign this legislation into law. 

There is still time to make your voice heard. There is still a reason to fight back. 

What you can do:

  • Continue making noise. Our voices, our stories, our testimonies matter. Check out our Director, Ashley Peele’s testimony here for inspiration.

  • Use SC United’s Action Network link to contact your representative ASAP and tell them to vote NO on H.4756 before it passes to the Senate.

  • Watch for our updates. If and when the Senate calls for public testimony on this, be ready to join us at the State House. Every voice matters, and every body in that room with a rainbow pin shows our strength.

We know this has been an incredibly rough few weeks. We know you’re reaching your limit on attacks from those meant to represent us. Most importantly, we know that you care enough to keep pushing back.

In solidarity,

The AFFA Action Team

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OPPOSE H.4756 & H.4757