Mississippi Passes Bill Allowing Cis People To Sue Over Trans Bathroom Usage

The bathroom ban targets transgender people in colleges. It also contains a private right of action that some have said would allow cisgender people to sue over trans bathroom usage.

Mississippi State Capitol - Ken Lund - CC BY-SA 2.0 DEED

Mississippi’s legislature passed a transgender bathroom ban that applies to all college campuses in the state. News of the bill’s passage came just after it appeared the bill had failed to meet deadlines, but Republicans voted to suspend the rules in order to pass it. The bill bans transgender people from using bathrooms and changing rooms that match their gender identity on college campuses, and even allows cisgender people to sue transgender people who are found in bathrooms forbidden by the law. The bill now heads to the Governor’s desk, who is likely to sign it into law.

The bill is Senate Bill 2753, and it applies to all “public education buildings,” which include public schools and colleges, and any facilities owned or operated by them. It also applies to fraternities and sororities, which may have been included after a transgender girl won the right to stay in her sorority in Wyoming. It specifies that even dormitories must discriminate against transgender people in “single-sex educational housing spaces.” Lastly, it offers a “private right of action” that appears to be targeted at transgender people, allowing cisgender people to sue to prevent transgender people from using bathrooms aligned with their gender identity, according to local news.

You can see the provision here:

Private enforcement section of Mississippi bill.

This portion of the bill was a significant source of controversy during debate. Earlier versions of the bill explicitly allowed lawsuits for “compensatory damages,” although that provision was removed in the final conference committee for the bill. In its place is a scaled-down version of the private enforcement provisions, which leaves the question of enforcement uncertain when it comes to targeting transgender people individually. The bill also allows the state Attorney General of Mississippi to enforce the law against educational institutions.

Over the last year, more bathroom bans targeting transgender people have been enacted following Florida’s bathroom ban, which remains the harshest in the nation with criminal penalties of up to one year in jail. Kansas, North Dakota, and Utah also have bathroom bans. Utah’s ban targets all government buildings, including the airport, with enforcement depending on allegations of behavior that “causes affront or alarm.” In Kansas and North Dakota, there is no enforcement mechanism. Other states are also considering bathroom bans, such as Ohio, which has slowly progressed a bill similar to Mississippi’s higher education bathroom ban.

Mississippi has consistently been one of the harshest states toward transgender people. The state has already passed a gender-affirming care ban for transgender youth and a sports ban. Last year, students at one school in Mississippi were forced to wear clothing of their assigned sex at birth for graduation, resulting in both a transgender girl and a cisgender nonconforming girl being barred from walking at their own graduation after a judge sided with the school. This bill will only increase the danger for transgender residents and those who travel through the state.

Although the bill likely runs afoul of Title IX protections, Mississippi is among the states suing the federal government for the right to discriminate against trans people.