Media Fact Sheet: Bathroom Bans

Movement Advancement Project (MAP) has released a new map of the nine states that now ban transgender people from using bathrooms and facilities consistent with their gender identity.

These laws prohibit transgender people from using bathrooms and facilities-such as locker rooms, changing rooms, and other sex-segregated spaces-consistent with their gender identity. Some apply even more broadly to government-owned spaces and buildings. One state includes criminal penalties.

Please see below for details about the newly-enacted law in Florida.

This fact sheet is accurate as of May 17, 2023. For the most up-to-date information in a quickly changing environment please refer to our online map.

NATIONAL LANDSCAPE

Total states with a bathroom ban: 9 states

• Ban includes criminal penalties: 1 state (Florida)
• Ban applies to all schools, colleges, and all government-owned buildings and spaces: 1 state (Florida)
• Ban applies to public K-12 schools and *some* government-owned buildings: 1 state (North Dakota)
• Ban applies to public K-12 schools: 7 states (Alabama, Arkansas, Idaho, Iowa, Kentucky, Oklahoma, and Tennessee)

State-by-state overview

The following is an overview. Additional details about each state's law available in the citations sheet for our map.

Alabama

• Applies to K-12 public schools.

Arkansas

• Applies to public pre-K, K-12, and charter schools.
• Penalties: Individual teachers, principals, or superintendents are subject to fines of a minimum of $1,000 per occurrence. Parents can also sue the school district over violations.

Florida

• Applies to all K-12 schools, colleges, and government-owned buildings and spaces.
• Applies to public and private schools and colleges.
• Applies to prisons and jails.
• Applies to public buildings "owned or leased by the state, a state agency or a political subdivision." The latter refers to county or municipal governments.
• This extremely broad scope means the ban applies to a wide range of public places, including bathrooms in airports, public parks, and more.
• Penalties: Criminal trespass, punishable by potential imprisonment.

Idaho

• Applies to K-12 public schools, including public charter schools.
• Penalties: Allows students to sue their school. If a student wins the lawsuit, they can receive $5,000 per occurrence, as well as additional monetary damages, attorney's fees, and more

Iowa

• Applies to K-12 public schools.
• Penalties: Allows any citizen of the state to file a complaint with the Attorney General.

Kansas

• No explicit state law banning transgender people from bathrooms and other sex-segregated spaces.
• However, a law that defines "sex" throughout state law could allow for discrimination against transgender people, possibly including future bathroom bans.

Kentucky

• Applies to K-12 schools.

North Dakota

• One law applies to K-12 schools.
• A second law bans trans people of any age from facilities consistent with their gender identity in public college dorms and other living facilities, as well as in state prisons.

Oklahoma

• Applies to public pre-K, K-12, and charter schools.
• Penalties: Parents can sue the school district. State funding of the school can be decreased.

Tennessee

• Applies to K-12 public schools.
• Directs schools to provide single-user bathrooms for transgender students or school staff.
• Penalties: Any parent, student, or employee can sue if they interact with a transgender person in a multi-user school bathroom.

To schedule an interview with a MAP researcher or for questions please contact Rebecca Farmer at rebecca@mapresearch.org.

About MAP: MAP's mission is to provide independent and rigorous research, insight and communications that help speed equality and opportunity for all. MAP works to ensure that all people have a fair chance to pursue health and happiness, earn a living, take care of the ones they love, be safe in their communities, and participate in civic life. www.mapresearch.org