Although it is frequently claimed that Puerto Rico would be a blue state, the U.S. territory continues to pass laws that reflect red state socially conservative positions.
The latest is the “Public Government Restroom Facilities Regulation Act,” a new Puerto Rican law restricting access to public restrooms in government buildings along gender lines. Public universities, schools, and municipal buildings will be included in the ruling. The law appears to be a part of a red state national trend, mirroring similar recent efforts in Kansas, Missouri, and Utah.
The new rules
The government press release on the law specifies that it is in tune with President Trump’s Executive Order 14168, which states that “It is the policy of the United States to recognize two sexes, male and female.” The executive order includes language opposing transgender rights, which is also the case for the new Puerto Rican law. While a majority of Americans oppose laws requiring transgender individuals to use bathrooms labeled for their gender assigned at birth, Republicans are fairly evenly divided on the question and thus more likely than Democrats to favor them. Overall, Republicans are less likely than Democrats to favor transgender rights.
Act 26-2026 includes the following regulations:
- Prohibits the installation of mixed or gender-neutral multi-occupancy restrooms in government facilities.
- Requires that multi-occupancy restrooms be designated separately for men and women, consistent with biological sex.
- Mandates the availability of assisted or family restrooms for use by individuals with disabilities, elderly persons, minors who require assistance, or individuals of either sex who choose to use such facilities.
- Requires clear signage identifying multi-occupancy restrooms by biological sex, as well as clear identification of assisted or family restrooms.
Violations of the law trigger fines, which will be directed toward the Center for Assistance to Victims of Rape.
Do states have similar laws?
21 states have laws banning the use of bathrooms in government buildings according to gender identity rather than biological sex. All of these states are red states. Puerto Rico thus aligns with Republican rather than Democratic states on this issue.
Different states have different details in the delineation of which buildings are affected by the laws, what kinds of exemptions or workarounds are possible (as with Puerto Rico’s “assisted or family restrooms”), and whether insistence on using a forbidden restroom is punishable.
The reasons given for these laws is usually based on privacy and safety. Puerto Rico also takes this position, framing Act 26-2026 as a defense of dignity and safety.
California, Colorado, and Vermont require that non-gendered restrooms be made available in government buildings, typically in the form of individual toilets rather than multi-occupancy bathrooms. All three are considered blue states.
Would Puerto Rico be a blue state?
A number of Republican leaders have spoken against Puerto Rico statehood on the grounds that Puerto Rico would be a blue state. Act 26-2026 is another piece of evidence showing that Puerto Rico can vote more like a red state than like a blue state. The examples of Hawaii and Alaska, which defied expectations for their party alignment after statehood, demonstrate that predicting whether a territory will be a blue state or a red state is not as easy as it looks.
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