Ohio’s Controversial Law Sparks Outrage Over Transgender Student Bathroom Restrictions

Ohio Governor Mike DeWine has signed a bill prohibiting transgender students from using school restrooms that match their gender identity.

By Sheenu Gupta On Nov 28, 2024 Share with new partner:

On Wednesday, Ohio Governor Mike DeWine, a Republican, signed into law a new piece of legislation that prohibits transgender students from using restrooms and locker rooms in schools that align with their gender identity. With this move, Ohio joins over a dozen other states led by Republican lawmakers that have implemented similar restrictions on transgender students’ bathroom access.

The bill, which initially began as a relatively uncontroversial proposal aimed at providing high school students with the opportunity to earn college credit, took a dramatic turn when Ohio Senate Republicans voted in June to attach a separate piece of legislation. This added provision, originally passed by the Ohio House, would restrict transgender students from using single-sex restrooms based on their gender identity. The revised bill was then approved by the state’s Republican-majority Senate in a party-line vote of 24-7 earlier this month before being sent to Governor DeWine for approval.

The new law, which is set to take effect in 90 days, mandates that K-12 public and private schools, as well as colleges and universities, must designate bathrooms, locker rooms, and overnight accommodations based on “biological sex,” as recorded on a student’s original birth certificate. This means that transgender students will not be allowed to use facilities that align with their gender identity. Additionally, the law prohibits the creation of multi-occupancy all-gender facilities in schools.

Under the provisions of Senate Bill 104, transgender students will still have access to single-occupancy bathrooms or faculty facilities, but these will have “controlled use,” meaning they may be subject to specific regulations. The law’s restrictions, however, do not apply to school staff, individuals who assist young children, people with disabilities, or situations involving emergencies.

Governor DeWine signed the bill into law on Wednesday without offering any comments. His office had previously indicated that he was inclined to approve the measure, but they chose not to provide any further remarks after the signing.

In response, the American Civil Liberties Union (ACLU) of Ohio, which had strongly opposed the legislation and urged DeWine to veto it, announced that it was “closely considering next steps.” In a social media post, the ACLU of Ohio stated, “Transgender people are part of the fabric of Ohio; our families, our workplaces, and our neighborhoods,” stressing that every Ohioan should have the right to live safely and access facilities in line with their gender identity. They also made it clear that they would continue to fight for the rights of transgender individuals, emphasizing, “We will not leave anyone behind.”

Dwayne Steward, the executive director of Equality Ohio, a state LGBTQ rights organization that also opposed the bill, expressed strong disappointment in the signing of the law. He argued that Senate Bill 104 does nothing to improve safety for transgender students and, in fact, could put them at greater risk for abuse and harassment. Steward reaffirmed that Equality Ohio would continue to stand in solidarity with transgender communities and their families, pledging to fight for fairness and equality in the state.

Ohio Republican Representatives Adam C. Bird and Beth Lear, who originally sponsored the House bill, expressed their gratitude after Governor DeWine signed the legislation into law. Both lawmakers shared their appreciation on the social media platform X. Bird, in a post made early Wednesday, more than an hour before DeWine’s office officially announced the bill’s signing, thanked the governor for supporting the measure, emphasizing that it would help ensure individuals wouldn’t have to worry about members of the opposite sex using restrooms, locker rooms, and changing rooms.

However, Ohio Democrats have strongly criticized Senate Bill 104, denouncing it as part of a broader effort to restrict the rights of transgender individuals in the state. They pointed out that Ohio law already prohibits transgender student-athletes from competing on sports teams that correspond with their gender identity, and it also bans transgender minors from accessing gender-affirming medical care—a law that Governor DeWine initially vetoed but was later overridden by the legislature.

Opponents of Senate Bill 104 have also raised concerns about its legality, arguing that it likely violates Ohio’s single-subject rule, which mandates that a bill should focus on only one subject. Critics contend that by combining provisions related to college credit and access to single-sex facilities in a single piece of legislation, the bill may breach this constitutional requirement.