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t’s a rapidly changing landscape. As of early 2026, about 20 states have enacted laws that require the use of restrooms based on biological sex. While many of these laws are limited to K-12 schools, a growing number of states (like Kansas, Florida, and Utah) have expanded these requirements to include all government-owned buildings, such as airports and courthouses.
Here is a breakdown of the states that have passed these laws, along with the party affiliation of their governors.
States with Biological Sex-Based Bathroom Laws (2026)
| State | Governor Party | Law Coverage (K-12, Gov Buildings, or Private) |
| Alabama | Republican | K-12 Schools & Government Buildings |
| Arkansas | Republican | K-12 Schools |
| Florida | Republican | All Government Buildings (Courts, Airports, etc.) |
| Idaho | Republican | K-12 Schools (New 2026 laws targeting private spaces) |
| Indiana | Republican | K-12 Schools & Higher Ed (Recently expanded 2026) |
| Iowa | Republican | K-12 Schools |
| Kansas | Democrat | All Gov Buildings (Veto overridden Feb 2026) |
| Kentucky | Democrat | K-12 Schools (Veto overridden) |
| Louisiana | Republican | K-12 Schools |
| Mississippi | Republican | K-12 Schools & Universities |
| Montana | Republican | All Government Buildings |
| North Carolina | Democrat | K-12 Schools (Limited scope) |
| North Dakota | Republican | K-12 Schools & Dormitories |
| Ohio | Republican | K-12 Schools |
| Oklahoma | Republican | K-12 Schools |
| South Carolina | Republican | K-12 Schools |
| South Dakota | Republican | K-12 Schools & Dormitories |
| Tennessee | Republican | K-12 Schools & Government Buildings |
| Texas | Republican | K-12 Schools & Universities |
| Utah | Republican | All Government Buildings |
| West Virginia | Republican | K-12 Schools |
| Wyoming | Republican | K-12 Schools |
Important Trends to Note
- The Veto Override: Kansas is one of three states (along with Kentucky and North Carolina) where a Democratic governor’s veto was overridden by a Republican-controlled legislature to pass these policies.
- Private Businesses: A new wave of legislation in 2026—currently being debated in Idaho, Indiana, and Missouri—is attempting to extend these requirements to private businesses (like restaurants and shopping malls).
- Enforcement: Florida and Kansas have the strictest enforcement measures, including potential fines and criminal penalties for repeat violations.