We are tracking 15 anti-trans bills in South Carolina in 2025. The legislation impacts 8 categories:
EDUCATION
CHILD ABUSE
BIRTH CERTIFICATES
HEALTHCARE
MARRIAGE
BATHROOM
PERFORMANCE
OTHER
Amend The South Carolina Code Of Laws By Enacting The "parental Rights In Education Act"; By Adding Article 3 To Chapter 28, Title 59 So As To Provide Necessary Definitions, To Recognize That Parents Have The Ultimate Responsibility To Direct The Upbringing, Education, Healthcare, And Mental Health Of Their Children, To Prohibit The State From Substantially Burdening Those Parental Rights And To Require The State To Obtain Parental Consent In Certain Circumstances, And To Create A Cause Of Action For Violation Of The Chapter, Among Other Things; And To Designate The Existing Provisions Of Chapter 28, Title 59, As Article 1 Entitled "general Provisions."
Each LEA, in consultation with parents, teachers, and administrators, shall develop and adopt a policy to promote the involvement of parents of children enrolled in the LEA, including: [...] (3) procedures by which a parent may learn about the nature and purpose of clubs and extracurricular activities that have been approved by the school and may withdraw that parent's child from any club or extracurricular to which the parent objects; (4) procedures to notify a parent at least five days in advance and obtain the parent's consent before the parent's child attends any instruction or presentation that has the goal or purpose of studying, exploring, or informing students about gender roles or stereotypes, gender identity, gender expression, or sexual orientation;
Amend The South Carolina Code Of Laws By Enacting The "south Carolina Parental Rights To Affirm Biological Sex In Child Welfare And Placement Act" By Adding Section 63-7-50 So As To Encourage Children To Identify With Their Biological Sex By Requiring Courts And Agencies To Consider A Child's Biological Sex As A Positive Factor In Child Welfare Proceedings; To Provide That Parents And Legal Guardians Have The Right To Encourage A Child To Align With Their Biological Sex , Including In Making Medical Decisions, And To Offer Protections For Exercising This Right; To Define Terms; To Require The Department Of Social Services And Family Court System To Develop Policies And The Department Of Social Services To Submit Annual Reports; And For Other Purposes.
(2) Affirming a child's biological sex shall never be treated as a negative factor or as evidence of abuse, neglect, or unfit parenting. [...] (C) Parents, legal guardians, and foster caregivers in South Carolina have the right to encourage, guide, or counsel a child to align with their biological sex, even if the child has expressed gender confusion. This right shall be protected and shall not be grounds for a negative determination in parental evaluations, custody hearings, or foster care placements.[...](2) "Gender confusion" means a self-reported or observed incongruence or uncertainty between a child's biological sex and gender identity. (3) "Affirmation of biological sex" means a caregiver's or parent's encouragement of a child to identify with and accept their biological sex.
Amend The South Carolina Code Of Laws By Amending Sections 44-63-20, 44-63-100, 44-63-150, And 63-3-530, All Relating In Part To Changes To Certificates Of Birth, So As To Prohibit The Amendment, Modification, Correction, Or Other Change To The Gender Of An Individual As It Appears On The Original Certificate Of Birth.
Amend The South Carolina Code Of Laws By Adding Chapter 23 To Title 63 So As To Provide That Parents Have Fundamental Rights Regarding The Upbringing, Education, And Care Of Their Children; To Define Necessary Terms; To Limit The Ability Of The Government To Infringe On Parental Rights; To Identify Certain Fundamental Rights Of Parents; To Require That School Districts Create Parental Involvement Policies; To Prohibit Healthcare Providers From Soliciting Or Providing Healthcare Services To Children Without Written Parental Consent; To Provide That The Chapter's Provisions Supersede State Of Emergency Declarations; And To Create A Cause Of Action For Violations Of This Chapter; And By Amending Section 63-5-340, Relating To The Age At Which A Minor May Consent To Health Services, So As To Raise The Age To Eighteen.
Amend The South Carolina Code Of Laws By Enacting The "live And Let Live Act" By Adding Article 2 To Chapter 32, Title 1 So As To Prohibit The State Government From Discriminating Against Certain Individuals And Organizations Based On Their Beliefs Regarding Marriage And A Person's Sex; And For Other Purposes.
The sincerely held religious beliefs or moral convictions protected by this article are the belief or conviction: (1) regarding the sex of the two individuals who may enter into a marriage; and (2) that male (man) or female (woman) refer to an individual's immutable biological sex as objectively determined by anatomy and genetics by time of birth.
Amend The South Carolina Code Of Laws By Adding Section 59-101-680 To Prohibit The Use Of Political Ideology Or Statements On Diversity, Equity, And Inclusion In Making Admissions Or Employment Decisions By Public Institutions Of Higher Learning, To Prohibit The Use Of Public Funds For Such Purposes, To Prohibit Such Institutions From Requiring Faculty Or Employees To Complete Diversity, Equity, And Inclusion Training Or Take Adverse Action Against Faculty Or Employees Who Refuse Or Fail To Participate In Such Training, To Prohibit Such Institutions From Infringing On First Amendment Rights Of Free Speech Of Students, Faculty, Or Employees, To Provide Reporting Requirements, To Clarify The Applicability Of These Provisions, And To Provide Institutions Shall Provide Electronic Copies Of These Provisions To Students, Employees, And Faculty, Among Other Things.
A public institution of higher learning shall not require a faculty member or employee of the institution to complete or participate in mandatory training or other educational program regarding diversity, equity, inclusion.
Amend The South Carolina Code Of Laws By Enacting The "south Carolina Transparency And Integrity In Education Act" By Adding Article 5 To Chapter 29, Title 59 So As To Provide Necessary Definitions, To Provide Requirements Concerning Curriculum Content And School Employee Training Requirements, Among Other Things, To Provide Means For Addressing Violations, To Provide Related Requirements Of Local Education Agencies And The State Board Of Education, And To Prohibit Schools From Using, Making Available, Promoting, Or Providing Access To Pornographic Or Prohibited Materials; And By Amending Section 59-28-180, Relating To Parental Expectations In The Parental Involvement In Their Children's Education Act, So As To Provide Parents Are Expected To Be The Primary Source Of The Education Of Their Children Regarding Morals, Ethics, And Civic Responsibility, And To Provide A Parental Pledge Of Expectations Must Be Provided To Parents As Part Of The Registration And Enrollment Process.
A student, administrator, teacher, staff member, other school or district employee, or volunteer may not be required to engage in any gender or sexual diversity training or counseling unless it is prescribed as part of a corrective action plan
Amend The South Carolina Code Of Laws By Enacting The "rejecting Racism In Postsecondary Education Act" By Adding Article 4 To Chapter 101, Title 59, So As To Entitle The Article "rejecting Racism In Postsecondary Education"; To Provide The Purpose Of The Act; To Provide Necessary Definitions; And To Enact Provisions To Prevent Discrimination, To Promote The Intellectual Development Of Students And Faculty Of Public K-12 And Secondary Schools In This State, And To Protect The Free Exchange Of Ideas According To The United States Constitution And The Constitution Of This State.
A postsecondary institution may not: (a) expend state funds and shall reject federal funds whose receipt requires the institution to promote, support, or maintain DEI programs or campus activities whether or not targeted or provided to employees, students, guests, or the public; (b) hire or assign an institution employee or contract with a third party to conduct DEI activities;
Amend The South Carolina Code Of Laws By Enacting The "south Carolina Student Physical Privacy Act" By Adding Article 5 To Chapter 23, Title 59 So As To Provide Various Measures To Promote And Ensure Privacy Among Sexes Using Certain Restrooms And Changing Facilities In Public Schools And Public Institutions Of Higher Learning, And To Provide Penalties For Noncompliance, Among Other Things.
Multioccupancy public school or public institution of higher learning restrooms and changing facilities must be designated for use only by members of one sex. Any public school or public institution of higher learning restrooms and changing facilities that are designated for one sex must be used only by members of that sex. No person may enter a restroom or changing facility that is designated for one sex unless he or she is a member of that sex;
Amend The South Carolina Code Of Laws By Enacting The "defense Of Children's Innocence Act" By Adding Section 6-1-200 So As To Provide That Any Business Where Drag Shows Are Held Is Deemed To Be A Sexually Oriented Business For All Local Ordinances Relating To A Sexually Oriented Business; By Adding Section 6-1-210 So As To Prohibit A State Agency, Political Subdivision, And Any Entity That Is Supported In Whole Or In Part By Public Funds From Using Any Public Funds To Host Or Provide A Drag Show; And By Amending Section 16-15-385, Relating To Disseminating Harmful Materials To Minors, So As To Include The Offense Of Allowing A Minor To View A Drag Show.
A person commits the offense of exhibiting a harmful performance to a minor if, with or without consideration and knowing the character or content of the performance, he allows a minor to view a live performance which is harmful to minors. For purposes of this subsection, allowing a minor to view a drag show, as defined in Section 6-1-200, is harmful to minors and punishable pursuant to this section.
Amend The South Carolina Code Of Laws By Enacting The "equality In Financial Services Act" By Adding Chapter 31 To Title 37 So As To Provide Definitions, Provide That A Financial Institution May Not Discriminate In The Provision Of Financial Services, And To Provide Remedies.
"Discriminate in the provision of financial services" means utilizing a social credit score to directly or indirectly decline to provide full and equal enjoyment in the provision of financial services, and includes refusing to provide, terminating, or restricting financial services.
Amend The South Carolina Code Of Laws By Adding Article 3 To Chapter 103, Title 59 So As To Entitle The Article "accrediting Agencies"; To Provide Necessary Definitions; And To Provide Accrediting Agencies Of Institutions Of Higher Learning In This State May Not Take Action On Accreditation Based On Certain Factors Concerning Diversity, Equity, And Inclusion Engagement, Data, Or Required Statements; And To Provide Means Of Redress For Violations.
Whereas, the General Assembly finds that a requirement for a college to "advance diversity, equity, and inclusion in all of its activities" also is likely to restrict the free flow of ideas and academic debate, as schools are forced to ensure that "all" of their activities advance DEI to remain accredited
Amend The South Carolina Code Of Laws By Adding Article 29 To Chapter 1, Title 1 So As To Provide Definitions And Other Rules Of Construction Relating To Human Biological Sexes For Purposes Of The Laws, Administrative Regulations, And Guidelines Of South Carolina.
Whereas, there is increasing confusion about the definition and implications of sex as a biological truth and its relationship to concepts and terms including, but not limited to, sex assigned at birth, gender, gender identity, gender role, gender expression, and experienced gender; and
Amend The South Carolina Code Of Laws By Adding Section 59-101-680 So As To Provide Public Institutions Of Higher Learning Are Prohibited From Using Political Ideology Or Statements On Diversity, Equity, And Inclusion In Making Admissions Or Employment Decisions By Public Institutions Of Higher Learning, To Prohibit The Use Of Public Funds For Such Purposes, To Prohibit Such Institutions From Requiring Faculty Or Employees To Complete Diversity, Equity, And Inclusion Training Or Take Adverse Action Against Faculty Or Employees Who Refuse Or Fail To Participate In Such Training, To Prohibit Such Institutions From Infringing On First Amendment Rights Of Free Speech Of Students, Faculty, Or Employees, To Provide Reporting Requirements, To Clarify The Applicability Of These Provisions, And To Provide Institutions Shall Provide Electronic Copies Of These Provisions To Students, Employees, And Faculty, Among Other Things.
A public institution of higher learning shall not require a faculty member or employee of the institution to complete or participate in mandatory training or other educational program regarding diversity, equity, inclusion.
Amend The South Carolina Code Of Laws By Adding Section 60-9-15 So As To Provide For The Manner Of Allocating Amounts Appropriated For Aid To County Libraries, And To Provide That In Order To Receive These Funds County Libraries Must Certify To The State Library That They Do Not Offer Any Books Or Materials That Appeal To The Prurient Interests Of Children Under The Age Of Seventeen In Children, Youth, Or Teen Book Sections And Are Only Available With Parental Consent, And To Provide County Libraries Must Recertify Compliance With This Provision Quarterly Before It May Receive A Disbursement Of These Funds.
Prior to receiving funds described in subsection (B), county libraries must certify to the State Library that their county libraries do not offer any books or materials that appeal to the prurient interest of children under the age of seventeen in children, youth, or teen book sections of libraries and are only made available with explicit parental consent. Each county library must recertify this information quarterly each time it is to receive such funds, and the State Library shall confirm receipt of this recertification before it may disburse funds to a library.