In a move that has ignited concern and frustration within Ohio’s transgender community and their allies, the Ohio Senate approved a bill Wednesday banning transgender students from using bathrooms that correspond to their gender identities in public schools and higher education institutions. The measure, now headed to Republican Gov. Mike DeWine’s desk, has been met with strong opposition from LGBTQ+ advocacy groups who fear it will create an unsafe and discriminatory environment for transgender youth.
Under the Republican-backed legislation, public K-12 schools and colleges in Ohio would be required to designate separate bathrooms, locker rooms, and overnight accommodations exclusively for males or exclusively for females, determined strictly by a student’s gender assigned at or near birth. The bill aims to codify that individuals must use the facilities corresponding to their assigned gender in both school buildings and at any facilities used during school-sponsored events.
Exclusions and Provisions
The legislation includes limited exceptions. It explicitly excludes school employees from these restrictions and allows for the use of bathrooms in emergency situations or when adults are assisting young children or individuals with disabilities. Additionally, schools are permitted to provide single-use and family bathroom facilities, offering some measure of privacy to students who may require it.
State Sen. Jerry Cirino, a Republican from Kirtland and a supporter of the bill, defended the measure, stating that it is “about safety and security” for students. However, opponents argue that this reasoning is flawed and fails to consider the safety and well-being of transgender and nonbinary students who are statistically more vulnerable to harassment and violence.
Community Response and Concerns
The American Civil Liberties Union (ACLU) of Ohio urged Governor DeWine not to sign the measure, condemning it as a violation of LGBTQ+ students’ privacy rights that will make them less safe in their own school environments.
“If allowed to go into effect, SB 104 will create unsafe environments for trans and gender non-conforming individuals of all ages,” said Jocelyn Rosnick, the ACLU of Ohio’s policy director, in a statement. “This bill ignores the material reality that transgender people endure higher rates of sexual violence and assaults, particularly while using public restrooms, than people who are not transgender.”
Rosnick’s statement highlights the widely reported statistic that transgender and gender-nonconforming individuals face heightened risks of harassment and violence in public restrooms. A study published in the journal Pediatrics in 2019 found that about 36% of transgender teens who faced restrictions on bathroom and locker room use reported experiencing sexual assault, underscoring concerns about the new legislation’s potential impacts.
Political and Advocacy Groups’ Stances
The Center for Christian Virtue, an organization advocating for policies aligned with conservative Christian values, praised the passage of the bill and urged Gov. DeWine to sign it into law. They framed the legislation as a victory for privacy and safety, with David Mahan, CCV’s policy director, labeling the bill as “common-sense legislation” designed to ensure that those using facilities designated for females are indeed female, “not men claiming to be female.”
However, this perspective has been met with skepticism and frustration from LGBTQ+ advocates and allied groups, who argue that such laws endanger, rather than protect, transgender and nonbinary students. Contrary to the claims by some proponents of these restrictions, numerous studies and the experiences of transgender individuals suggest that transgender youth are more likely to be victims of violence in bathrooms rather than perpetrators.
Implications and Concerns for Transgender Students
For transgender students and their families, this legislation feels like another step backward in a rapidly changing landscape of transgender rights and protections. Many worry that laws like Ohio’s send a clear and disheartening message to transgender youth that their identities are not respected, and their rights to access appropriate facilities are not protected.
Many members of the transgender community who have seen numerous states enact similar bathroom restrictions share this exasperation. Already, at least 11 states have adopted laws that bar transgender girls and women from using girls’ and women’s bathrooms in public schools and, in some cases, other government facilities. Laws in states like Alabama, Arkansas, Florida, Iowa, Kansas, Kentucky, North Dakota, Oklahoma, Tennessee, and Utah have gone into effect, while a federal judge’s order has temporarily halted enforcement of a similar law in Idaho.
Statehouse Reactions
The bill’s journey through the Ohio legislature has not been without drama. House Republicans attached the bathroom restriction measure to an unrelated proposal regarding Ohio’s college credit program for high school students before passing it in June. This move blindsided some Democrats, including Sen. Catherine Ingram of Cincinnati, who had originally co-sponsored the college credit legislation. She removed her name from the bill in protest.
“It is astounding that Republican leadership would prioritize this bill targeting transgender youth on our first day back following the November election,” said Senate Democratic Leader Nickie Antonio, who expressed deep disappointment in the legislation’s passage. “There should be no exception to liberty and justice for all, yet here we are telling our children that there are people who are ‘less-than.’ This bill is not about bathrooms. It’s about demonizing those who are different, and our children are watching and listening to the fearmongering.”
While the measure heads to Gov. DeWine, the governor’s position suggests it is likely to be signed. DeWine has indicated he’s inclined to sign the bill, but will conduct a legal review first. LGBTQ+ advocates are hoping that he will reconsider in light of the bill’s potentially harmful effects on transgender students’ well-being and safety.
Should the bill become law, transgender students and advocates are bracing for the impact. The ACLU of Ohio has stated they are “closely considering next steps,” which may include legal challenges to the law’s enforcement.
The Bottom Line
As Ohio’s transgender community grapples with this legislative setback, there is a sense of unity and resilience. Organizations across the state have reaffirmed their commitment to support and empower transgender youth, ensuring they know they are valued and have allies fighting for their rights. Many advocates believe that educating the public and policymakers about the realities of transgender lives, particularly the safety concerns these youth face, is crucial in stemming the tide of restrictive legislation.
To transgender individuals in Ohio, their families, and allies, the passage of this bill may feel like a painful reminder of the challenges they continue to face. Yet, the determination to build an environment of acceptance and safety remains strong. With each new legislative hurdle, community leaders and advocates are spurred to louder calls for education, understanding, and empathy.
The Ohio Senate’s approval of this ban on transgender students using bathrooms that align with their gender identities marks a significant and controversial move in the ongoing national debate over transgender rights and safety in public schools. As the bill awaits Governor DeWine’s signature, the transgender community and its allies remain concerned and exasperated, fearing the law will further marginalize vulnerable students. Amid these turbulent political waters, the struggle for safety, dignity, and acceptance for transgender individuals in Ohio and beyond continues.
