In a move that has ignited fierce debate across the state, Ohio lawmakers have advanced a bill that would ban transgender students from using bathrooms that align with their gender identity. Just before lawmakers left Columbus for the summer, the Ohio House passed the Republican-backed measure in a late-night session on Wednesday. This controversial provision was attached to an unrelated proposal concerning Ohio’s college credit program for high school students, which now heads back to the Senate for further consideration.
What the Bill Entails
The proposed legislation mandates that K-12 and college students in public and charter schools use bathrooms and locker rooms corresponding to their sex assigned at birth. Additionally, it prohibits schools from allowing students to share overnight accommodations with members of the opposite biological sex. While single-use and family restroom facilities would still be permitted, the bill does not apply to school employees, emergencies, or individuals assisting young children or those with disabilities.
Ethan Kash, a legislative aide for Rep. Adam Bird (R-New Richmond), the amendment’s sponsor, clarified that the “overnight accommodations” provision applies to K–12 school trips but not to colleges and universities.
Ohio’s move comes as part of a broader national trend, with at least 11 states having enacted similar laws restricting transgender individuals’ access to bathrooms that match their gender identity in public schools and, in some cases, other government facilities. These states include Alabama, Arkansas, Florida, Iowa, Kansas, Kentucky, North Dakota, Oklahoma, and Tennessee, with pending legal challenges or scheduled enactments in states like Idaho and Utah.
Supporters’ Arguments
Proponents of the bill argue that it is necessary to protect children and provide clarity to school officials amid a landscape of varying court rulings and federal policies. “It’s up to us to make the choices to do what’s best for all kids because this will protect all of them,” said Rep. Beth Lear (R-Galena). Supporters contend that the bill ensures safety and addresses concerns from constituents about the presence of transgender students in bathrooms and locker rooms.
Opponents’ Concerns
Critics, however, view the bill as a targeted attempt to strip rights from LGBTQ Ohioans, potentially making transgender students feel less safe at school. House Minority Leader Allison Russo (D-Upper Arlington) emphasized that school districts are more concerned with practical issues like filling teacher positions and affording bus services. “They want help building and making sure that we’re creating good, safe learning environments for our children in this state. This is not their priority. This is red meat,” Russo argued.
Rep. Beth Liston (D-Dublin) echoed these sentiments, stating, “As far as protecting girls and women, I will tell you as a woman that I neither want nor need your protection, and I’m frankly sick of being told otherwise.”
Legislative Path and Future Implications
The bill’s attachment to a separate proposal related to Ohio’s college credit program for high school students was a strategic move by House Republicans to advance the measure. A House panel earlier this year advanced a standalone bill on bathroom use, but it has not yet received a full vote in the chamber.
If the Senate concurs with the changes, the measure will proceed to Governor Mike DeWine’s desk. DeWine’s office has yet to comment on the bill, with a spokesperson indicating that the governor will continue to monitor its progress.
The legal landscape surrounding transgender bathroom use is complex and varied, with numerous lawsuits challenging similar laws across the country. In Ohio, a federal judge upheld a restroom policy at Bethel Local Schools in Tipp City that accommodates transgender students, while other states have seen mixed results in court. The U.S. Supreme Court recently declined to hear a case involving an Indiana law, effectively allowing a transgender middle school boy to use the boys’ restroom.
President Joe Biden’s administration has also pushed for a federal rule prohibiting discrimination against students based on their gender identity. However, a judge has blocked its implementation in Ohio and other Republican-led states.
The passage of the bill has sparked a strong reaction from the transgender community, their families, and allies. Advocates argue that such legislation marginalizes an already vulnerable group and exacerbates the challenges transgender students face in achieving a sense of belonging and safety at school.
“This bill would keep boys in the boys’ restroom and girls in the girls’ restroom,” Rep. Adam Bird stated. “Superintendents and school boards need clarity on this issue.” However, critics argue that this measure does more harm than good, placing undue emphasis on policing bathroom use rather than addressing critical educational needs.
The Bottom Line
As the debate over transgender rights continues to unfold in Ohio and across the nation, the future of this bill remains uncertain. Both supporters and opponents will be watching the Senate’s response and Governor DeWine’s decision closely.
For Ohio’s transgender community and their allies, the fight for equal rights and protection under the law remains a pressing issue. The outcome of this legislative battle will have significant implications for the lives of transgender students and the broader discourse on LGBTQ rights in the state.
In the meantime, advocates urge continued support and understanding for transgender individuals navigating these challenging times, emphasizing the importance of creating inclusive and safe environments for all students.
