Ohio lawmakers pass ‘Bathroom Ban'

The Ohio Senate passed a bill on Wednesday prohibiting transgender students – kindergarten through college, at both private and public schools – from using multi-person restrooms and locker rooms that correspond to their gender identity.

The vote on SB 104, which in a particularly dark turn occurred during Transgender Awareness Week, passed 24-7 along party lines and now heads to Gov. Mike DeWine for his signature.

The trans bathroom ban originated as HB 183, which its Republican sponsors named the “Protect All Students Act.” But on June 26, Ohio House Republicans tacked HB 183 onto SB 104 at the very end of a nearly 12-hour session. By amending a bill that originated in the Senate and had already been approved by that body, House Republicans circumvented the normal legislative process, in which HB 183 would have to be heard through Senate committee hearings.

SB 104 was originally a bipartisan bill solely meant to update the state’s College Credit Plus program. Sen. Jerry Cirino (R-Kirtland) and Sen. Andrew Brenner (R-Delaware) were the primary sponsors.

On paper, the two bills tackle two vastly different subjects, which could cause a legal challenge due to Ohio’s single subject rule. According to the single subject rule, legislation must pertain to a single, identifiable subject in order to prevent the legislative process of logrolling, in which lawmakers trade votes in order to ensure two unrelated bills pass.

State Senate Minority Leader Nickie Antonio (D-Lakewood) pointed out that the bill may run afoul of the single-subject rule.

“Once again, we pass a bill [and] lawyers will have work to do,” she said.

Antonio also said the bill sends a message to transgender people telling them that they are not welcome in Ohio.

DeWine has 10 days, not counting Sundays, to sign the bill. If he does not sign the bill, it will pass. If he objects, the legislature can override his signature if both houses have a three-fifths majority vote. DeWine has previously indicated that he would sign the bill.

What the bill does

What was originally HB 183 contains language nearly identical to the “Student Physical Privacy Act,” a piece of model legislation drafted by the Alliance Defending Freedom (ADF), a designated anti-LGBTQ+ hate group responsible for hundreds of pieces of anti-LGBTQ+ legislation across the country.

SB 104 does not acknowledge the existence of intersex people, and would require students, school administrators, educators, staff and visitors to use the restroom that aligns with the gender assigned to them on the birth certificate “issued at or near the time of [their] birth.”

The bill also prohibits institutions from establishing or maintaining any all-gender multi-person restrooms, which will force many colleges to have to designate current all-gender spaces as single-sex.

Debate on the floor

Despite the bill originally being about college credits, remarks from Ohio senators were almost entirely about transgender people.

Cirino said the bill was about “safety and security,” and said the “anxiety of young girls” surrounding bathrooms was itself “a form of bullying.”

Sen. Catherine Ingram (D-Cincinnati) said she was blindsided by the bill being changed in June, and vowed to keep her name off of the legislation.

“Shame on us for continuing to try and separate and exploit individuals who have already been exploited enough,” Ingram said.

After the amended SB 104 passed on Wednesday, Democratic sponsors removed their names from the title.

Following the vote, Antonio released a statement condemning the actions of the Senate.

“I am in disbelief that this is a top priority on our first session back from recess,” said Antonio. “There are so many other issues we should be working on. 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. This bill is not about bathrooms. It’s about demonizing those who are different, and our children are watching and listening to the fearmongering.”

Comments from other organizations

The American Civil Liberties Union (ACLU) of Ohio said in a statement on social media that they are “closely considering next steps.”

“We are incredibly disheartened by the Ohio General Assembly’s continuous attacks against transgender and gender non-conforming individuals across Ohio,” said Jocelyn Rosnick, policy director for the civil rights nonprofit. “[SB 104] is a cruel invasion of students’ rights to privacy, which could result in unwarranted governmental disclosures of private, personal information.”

In a written statement, Equality Ohio said SB 104 “does not reflect the values of inclusion and respect that Ohioans hold dear.” Executive Director Dwayne Steward said the statewide LGBTQ+ advocacy organization would fight the bill “every step of the way.”

“Trans students are just like students everywhere. They just want to feel safe and secure in their schools,” he said. “In this moment of heightened political hostility against the trans community, our mission has never been clearer. We know the power we hold when we show up together—unwavering and united—and we’re counting on that solidarity to overcome the challenging months ahead.”

Equitas Health condemned Ohio senators who voted to pass the legislation.

“We are incredibly disappointed by the Ohio legislature for choosing bigotry and hurting our LGBTQ+ youth and educators with this decision,” the post reads. 🔥

This piece has been updated to include a quote from Equality Ohio.

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