The Ohio Senate approved a ban on Wednesday transgender students using bathrooms that match their gender identity and sent the measure to Republican Governor Mike DeWine.
The Republican-backed bill applies to public K-12 schools and higher education institutions. It requires schools to designate separate bathrooms, locker rooms and overnight accommodations “for the exclusive use” of men and women, based on sex assigned at or about birth, in both school buildings and facilities used for a school-sponsored event.
The legislation would not apply to school staff, emergency responders or people helping young children or people with disabilities, and schools would still be able to provide single-use and family sanitary facilities.
Sen. Jerry Cirino, a Republican from Kirtland, said the bill “is about safety and security.”
The ACLU of Ohio urged the governor not to sign the measure, which it condemned as a violation of LGBTQ+ Ohioans’ right to privacy that will make them less safe.
‘We are carefully considering the next steps’ the ACLU said on social media.
“If SB 104 becomes law, it will create an unsafe environment for trans and gender non-conforming individuals of all ages,” Jocelyn Rosnick, the group’s policy director, said in a statement. “This bill ignores the material reality that transgender people are more likely to experience sexual violence and assault, especially when using public restrooms, than people who are not transgender.”
Transgender and gender non-binary teens who were subject to restroom or locker room restrictions had a higher prevalence of sexual violence, according to a 2019 study published in the journal Pediatrics. About 36% of teens surveyed reported sexual assault, the study found.
The Center for Christian Virtue praised lawmakers for passing the bill and called on DeWine to sign it. The governor has said he is inclined to sign the bill, but will first conduct a legal review.
“Today is a huge victory for children and families in Ohio,” CCV policy director David Mahan said in a statement. “The amended SB104 is common sense legislation that guarantees that the only people entering the private spaces of young ladies are women, not men claiming to be women.”
At least 11 states have passed laws banning transgender girls and women from girls’ and women’s restrooms in public schools and in some cases other government facilities.
The laws are in effect in Alabama, ArkansasFlorida, Iowa, Kansas, Kentucky, North Dakota, Oklahoma, Tennessee and Utah. A court order suspending enforcement is in effect in Idaho.
Ohio House Republicans added the measure to a proposal related to Ohio’s college credit program for high school students before passing it in June, much to the chagrin of one of the Democratic senators who signed on as a co-sponsor.
Sen. Catherine Ingram of Cincinnati said she was removing her name from the bill.
Democratic Senate Majority Leader Nickie Antonio said she couldn’t believe Republican leaders prioritized the bill on the first day after the November election.
“There should be no exception to freedom and justice for all, but here we are telling our children that there are those who are less than,” she said. “This bill is not about bathrooms. It is about demonizing those who are different, and our children are watching and listening to the fear mongering.”
