In a controversial move, the Ohio Senate passed Senate Bill 104 on Wednesday, pushing forward a measure that bans transgender students from using bathrooms and locker rooms aligned with their gender identity. The bill, passed on a 24-7 vote along party lines, will now go to Republican Governor Mike DeWine, who has expressed support but will conduct a legal review before making a final decision.
The legislation mandates that K-12 public schools and higher education institutions in Ohio must designate separate restroom and locker facilities for males and females based on the gender assigned at or near birth. Multi-gendered facilities are prohibited. However, the bill allows for exceptions, including single-use restrooms and family bathroom facilities, and does not apply to school staff, emergency situations, or people assisting young children or individuals with disabilities.
Proponents of the bill argue that the measure is necessary to ensure safety and privacy. State Senator Jerry Cirino, a Republican from Kirtland, stated, “This bill is about safety and security.” The Center for Christian Virtue (CCV), a vocal supporter, celebrated the bill’s passage. David Mahan, the group’s policy director, described it as “common-sense legislation that will guarantee the only people entering young ladies’ private spaces are female.”
Critics, however, strongly oppose the measure, citing concerns over safety and the violation of rights for transgender and gender-nonconforming students. The American Civil Liberties Union (ACLU) of Ohio has been at the forefront of this opposition. Jocelyn Rosnick, the ACLU’s policy director, emphasized the bill’s harmful impact, noting, “This bill ignores the material reality that transgender people endure higher rates of sexual violence and assaults, particularly while using public restrooms.”
The ACLU also referred to a 2019 study from Pediatrics which found that transgender and gender-nonbinary teens subjected to bathroom or locker room restrictions had a significantly higher prevalence of sexual assault. About 36% of those teens reported experiencing such assaults.
Senate Democratic Leader Nickie Antonio criticized the prioritization of this legislation. “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,” she said. “This bill is not about bathrooms. It’s about demonizing those who are different, and our children are watching and listening to the fearmongering.”
Meanwhile, Ohio House Republicans attached this measure to a separate proposal on the state’s college credit program for high school students before passing it earlier this year. Democratic State Senator Catherine Ingram, who initially supported the credit program, withdrew her name from the bill in protest.
Governor DeWine’s office has indicated that while he is inclined to sign the bill, a legal review will precede any final action. This move has sparked widespread concern among LGBTQ+ advocacy groups, with many seeing this as a pivotal moment for the state.
The bill’s progress reflects a broader national trend. As of now, at least 11 states have enacted laws banning transgender students from using bathrooms corresponding to their gender identity, including Alabama, Arkansas, and Florida, among others. Some of these laws are temporarily blocked by legal challenges.
Whether Senate Bill 104 will become law in Ohio remains to be seen, but the impact on the state’s transgender and gender-nonconforming community will undoubtedly be significant.