Florida Private Colleges Adopt Birth-Gender Bathroom Rule Amid Controversy

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Private higher education institutions in Florida are now obligated to adhere to a new rule mandating students and faculty to utilize bathroom and changing facilities that correspond with their birth-assigned gender. The Florida Board of Education, in a recently conducted meeting, agreed to broaden the scope of this rule – previously operational in the state’s K-12 public schools, some state universities, and correctional facilities – to include private universities and colleges.

Initiated on July 1, this edict, signed into effect by Gov. Ron DeSantis, has been binding in all government buildings across the state. It prohibits transgender individuals from using bathroom or changing facilities that match their gender identity. The law stipulates that these amenities be reserved for the “exclusive use” of either males or females and that a distinct single-occupancy, unisex restroom or changing room be provided aside.


This directive also extends its reach to student accommodations managed by colleges.

This controversial law regarding restroom restrictions forms part of several legal enactments ratified by DeSantis in May, aimed at limiting the LGBTQ presence in shared spaces. Ranging from gender-affirming treatments for minors to drag performances and the use of specific pronouns in educational settings, these laws have come under fire from LGBTQ proponents who see this as an attempt to stigmatize them in schools and wider society.

During the recent board meeting, Emma Roy, a community representative and parent, highlighted the inadequacy of the law’s imposition of having a lone unisex restroom. According to Roy, the current scenario in public schools sees non-binary and transgender individuals – alongside teachers – queuing up for this unisex facility, suggesting the need for multiple such restrooms.

Speaking in favor of the rule was Yvette Benarroch, the figurehead of the conservative parental rights organization, Moms for Liberty, based in Collier County. She stressed that the edict did not stem from discrimination but safer, clearer principles.

By April 1, 2024, it will be incumbent on private colleges and universities in the state to present evidence of their compliance with the law.

At present, the rule does not extend to the state-run universities such as University of Florida, Florida State University, and University of Central Florida. However, a similar expansion is expected to be validated next month by the Florida Board of Governors.