2016 presidential candidates on transgender restroom access

2016 Presidential Election Date: November 8, 2016

Candidates Winner: Donald Trump (R) Hillary Clinton (D) • Jill Stein (G) • Gary Johnson (L) • Vice presidential candidates

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The overview of the issue below was current as of the 2016 election.
On March 23, 2016, North Carolina Gov. Pat McCrory (R) signed into law a bill that prohibits transgender individuals from using a bathroom that does not match their gender at birth. The legislation, House Bill 2, was intended to block the implementation of a Charlotte, North Carolina, ordinance that would have allowed transgender individuals to use the bathroom of their choosing based on their gender identity and prevented businesses from discriminating against LGBTQ customers.^[1]

Before the local ordinance could go into effect on April 1, 2016, legislators in the General Assembly of North Carolina called a one-day special session on March 23. During the special session, the Senate and House passed House Bill 2 to supersede the local ordinance and to prevent local governments from enacting anti-discrimination ordinances in the future, including ordinances banning LGBTQ employment discrimination. The House passed the bill by a vote of 82-26, and the Senate passed the bill by a 32-0 vote. Eleven Democrats broke from their party in the House and voted in favor of the legislation, while 11 Senate Democrats walked out in protest before the vote. Later on March 23, Gov. McCrory signed the bill into law.^[2]

On May 13, 2016, the Departments of Education and Justice issued a directive stating that transgender students must be afforded the right to use bathrooms and locker rooms that align with their gender identities under Title IX, the federal law prohibiting sex-based discrimination in educational programs and activities. The administration directed schools across the country to treat transgender students the same way they treat other students of the same gender identity.^[3] In response to the directive, nearly half of the states filed suit against the Obama administration challenging its use of Title IX to protect transgender students.^[4]

See what the 2016 candidates and their respective party platforms said about transgender rights and transgender restroom access below.

Interested in reading more about the 2016 candidates' stances on issues related to transgender restroom access? Ballotpedia also covers transgender restroom access laws in the U.S. and what the candidates said about LGBTQ rights.

Democratic candidate[edit]

Hillary Clinton[edit]

• After the Obama administration issued guidance directing public schools to allow transgender students to use restrooms matching their gender identity on May 13, 2016, Clinton spokeswoman Xochitl Hinojosa told The Washington Post, “Hillary Clinton applauds the Obama administration for taking actions this week to stand up for the rights of LGBT people–and particularly for the rights of transgender people–across the country.” She continued, “As president, she will fight to make sure all Americans can live their lives free from discrimination.”^[5]
• After North Carolina Gov. Pat McCrory (R) signed House Bill 2 into law on March 24, 2016, Clinton tweeted, “LGBT people should be protected from discrimination under the law—period.”^[6]
• On Clinton's campaign website, the candidate described her commitment to protecting transgender rights: “We must do more to end discrimination against the transgender community. Hillary believes no one should be held back from fully participating in our society because of their gender identity. As secretary of state, Hillary made it possible for transgender Americans to have their true identity reflected on their passports. As president, she will work to protect transgender individuals from violence by directing the government to collect better data regarding crime victims and seeking to improve reporting of hate crimes; streamline identity documents to remove barriers to transgender Americans changing their gender marker on identification documents; and invest in law enforcement training focused on fair and impartial policing, including in interactions with LGBT individuals. Hillary will invest in law enforcement training that focuses on issues such as implicit bias, use of force, and de-escalation, as well as fair and impartial policing including in their interactions with the LGBT community, in particular transgender individuals. It will also focus on educating police officers on correctly identifying bias-motivated crimes.”^[7]
• Read more of Hillary Clinton's public statements on LGBTQ issues.

Republican candidate[edit]

Donald Trump[edit]

• Before a campaign event in Raleigh, N.C., on July 5, 2016, reporters backstage asked Trump if he supported HB 2, the North Carolina law that prohibits transgender individuals from using a bathroom that does not match their gender at birth, or if he thought the state should make changes to it. Trump replied, "I'm going with the state. The state, they know what's going on. They see what's happening and generally speaking I go with the state on things like this." Later during his appearance, Trump told supporters that he would be “better for the gay community” than Clinton.^[10][11]
• During an appearance on Jimmy Kimmel Live on May 25, 2016, Trump refused to take a stance on the transgender restroom issue and told Kimmel, “Let the states decide.” When Kimmel pressed Trump for his personal opinion, Trump said only, “I think the states will do the right thing.” Asked what the right thing is, Trump said, “I don’t know yet. I mean, I don’t know.”^[12]
• After saying that transgender individuals should "use the "bathroom that they feel is appropriate," on April 21, 2016, Trump told Fox News host Sean Hannity later that day that while he disagrees with the law, he believes North Carolina had a right to enact it. “I think that local communities and states should make the decision,” Trump said. “And I feel very strongly about that. The federal government should not be involved.” Trump also told Hannity that states should “absolutely" be able to decide whether to implement such a law.^[13]
• Discussing the North Carolina law that prohibits transgender individuals from using a bathroom that does not match their gender at birth during a town hall event on NBC's Today on April 21, 2016, Trump said, "There have been very few complaints the way it is. People go. They use the bathroom that they feel is appropriate." Trump continued "There has been so little trouble. And the problem with what happened in North Carolina is the strife and the economic -- I mean, the economic punishment that they're taking."^[14]

• Referring to businesses that have canceled expansions in North Carolina because of the law, Trump also said, "Leave it the way it is. North Carolina, what they're going through with all the business that's leaving, all of the strife -- and this is on both sides. Leave it the way it is."^[14]

• On August 17, 2015, MSNBC asked Gregory T. Angelo, executive director of the pro-LGBT Log Cabin Republicans, if it was safe to call Trump 2016’s most LGBT-friendly Republican. He responded, “I think that might be going a little overboard.” Angelo added: “It’s important to point out that Trump is not the first GOP Republican candidate to say he supports nondiscrimination protections for LGBT individuals.” Angelo was referring to former presidential candidate Jeb Bush, who said he didn’t think people should be discriminated against because of their sexual orientation. “Period. Over and out,” Bush said.^[15]
• In an interview with The Brody File on April 12, 2011, Trump was asked whether he supported civil unions. Trump replied, “First of all, I live in New York. I know many, many gay people. Tremendous people. And to be honest with you, as far as civil unions are concerned, I haven't totally formed my opinion. But there can be no discrimination against gays.”^[16]
• In his 2000 political manifesto, “The America That We Deserve,” Trump outlined his dream of an America free of “racism, discrimination against women, or discrimination against people based on sexual orientation.”^[17]
• Read more of Donald Trump's public statements on LGBTQ issues.

Green candidate[edit]

Jill Stein[edit]

• On April 25, 2016, Stein tweeted, "To folx in Raleigh today working to #RepealHB2, keep fighting! Transphobia & LGBTQIA+ discrimination needs to be shut down."^[19]
• Stein tweeted on April 26, 2016, "The @GreenPartyUS has supported full equality for transgender persons in its party platform since 2000."^[20]
• Read more of Jill Stein's public statements on 2016 campaign issues.

Libertarian candidate[edit]

Gary Johnson[edit]

• In a phone interview with ProCon.org on June 14, 2016, Johnson said, "If I would have been Governor of North Carolina I would have vetoed the legislation [HB2]. In my veto message I would have said this is an issue that has existed forever and for those involved they have been dealing with it and I'd just like to leave it to them to continue to deal with it. North Carolina of course is taking the wrath of the country, as deserved I think, for having signed that legislation."^[22]
• Read more of Gary Johnson's public statements on 2016 campaign issues.

Withdrawn candidates[edit]

Recent news[edit]

The link below is to the most recent stories in a Google news search for the terms 2016 presidential candidates on North Carolina transgender bathroom bill. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

See also[edit]

• Presidential candidates, 2016
• 2016 presidential candidates on LGBTQ rights
• Transgender bathroom access laws in the United States

External links[edit]

• ProCon.org's "Should Transgender People Be Allowed to Use the Bathroom of Their Choice?"

Footnotes[edit]

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