WASHINGTON — The Government Services Administration (GSA) has issued a regulation declaring that transgender employees and visitors must be allowed to use the bathrooms that match their so-called “gender identity.” The new policy by the GSA, which manages more than 9,000 federal building and offices in more than 2,000 cities nationwide, applies to federal courthouses and offices such as the Social Security Administration and the Department of Veterans Affairs. It will not, however, apply to the U.S. Capitol or national parks, which are not under GSA control.

The notice published yesterday in the Federal Register states: “All federal agencies occupying property operated under, or subject to, the authorities of GSA must not discriminate by segregation or otherwise against any person or persons because of race, creed, religion, age, sex, color, disability, or national origin in furnishing, or by refusing to furnish to such person or persons the use of any facility of a public nature, including all services, privileges, accommodations, and activities provided on the property.”

The notice also says that the requirement to provide equal access cannot be met by requiring transgender employees and visitors to use single-user restrooms. In addition, an agency cannot require so-called transgender people who are undergoing any medical procedure to produce proof of that surgery.

“This regulation by the federal government is unbelievable,” said Mat Staver, Founder and Chairman of Liberty Counsel. “Not only is this new policy by the GSA wrong and unlawful, it also places government employees and visitors in these buildings at greater risk for sexual assault. The GSA’s actions lack common sense and violate the law. The GSA never published this new regulation for public comment before announcing the change. This regulation is beyond the authority of the GSA to unilaterally impose on the American people,” said Staver.