Ohio Governor Mike DeWine signed a bill into law on Wednesday that restricts transgender students from utilizing bathrooms corresponding to their gender identity. Senate Bill (SB) 104 mandates that public schools designate communal restrooms and similar facilities for the “exclusive use by students of the male biological sex only or by students of the female biological sex only,” based on the biological sex indicated on official birth records. This legislation also prohibits schools from furnishing gender-neutral restroom options. For the full legislative text, you can view it here.
This move is part of a broader trend where states are enacting similar measures. For example, the Odessa City Council in Texas recently approved restrictions for restroom use based on biological sex, a decision that echoes the stipulations of Ohio’s newly passed bill. Learn more about the developments in Texas here.
In Ohio, the initiative known as the Protect All Students Act originated as House Bill (HB) 183, championed by State Representatives Adam Bird and Beth Lear. Representative Bird argues the aim of the legislation is purely to protect students, dismissing perceptions of controversy around the bill. However, the bill has faced significant backlash, most notably from the ACLU of Ohio, which strongly urged Governor DeWine to veto the measure, emphasizing the possible creation of unsafe environments for transgender and gender non-conforming individuals. The ACLU’s full statement is accessible here.
Separate but related legal proceedings are ongoing, as the ACLU had previously filed to intervene in a federal lawsuit connected to an Ohio school district’s bathroom policies that allowed transgender students to use facilities aligning with their gender identity. This case reached the US Court of Appeals for the Sixth Circuit for oral arguments in October. Further details on this lawsuit are available here.
The Ohio Senate passed SB 104 by a 24-7 vote in mid-November, sending it to the governor’s desk for ratification. With his approval, the measure will take effect in 90 days. More about the Senate’s decision can be read here. For the detailed coverage of the Governor’s decision and the broader context, please visit the full article.