The Ohio Senate passed a bill Wednesday that would prohibit transgender students – from kindergarten through college, in both private and public schools – from using shared restrooms and locker rooms that match their gender identity.
Voting on the matter SB104which took a particularly gloomy turn during Transgender Awareness Week, passed 24/7 along party lines and now heads to Gov. Mike DeWine for his signature.
The trans bathroom ban had its origins in HB 183, which its Republican sponsors called the “Protecting All Students Act.” However, on June 26, Ohio House Republicans tacked HB 183 into 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 bypassed the normal legislative process in which HB 183 would have had to be heard through Senate committee hearings.
SB 104 was originally a bipartisan bill intended solely to update the state’s College Credit Plus program. The main sponsors were Senator Jerry Cirino (R-Kirtland) and Senator Andrew Brenner (R-Delaware).
On paper, the two bills cover two completely different topics, which could pose legal challenges due to the state of Ohio single entity principle. Under the single entity principle, legislation must relate to a single, identifiable entity to prevent legislative process favoritismin which lawmakers swap votes to ensure passage of two unrelated bills.
State Senate Minority Leader Nickie Antonio (D-Lakewood) noted that the bill may violate the single-entity rule.
“We have passed the law once again [and] “Lawyers will have a lot of work,” she said.
Antonio also said the bill sends a message to transgender people by letting them know they are not welcome in Ohio.
DeWine has 10 days, not including Sundays, to sign the bill. If he doesn’t sign the bill, it will pass. If he objects, the legislature can reject his signature if both houses receive a three-fifths majority. DeWine has previously announced that he will sign the bill.
What the Act does
Originally, HB 183 contains language almost identical to the “Student Physical Privacy Act,” a model piece of legislation drafted by Alliance Defending Freedom (ADF), a designated anti-LGBTQ+ hate group responsible for hundreds of anti-LGBTQ+ legislation across the country.
SB 104 does not recognize the existence of intersex people and requires students, school administrators, educators, staff and visitors to operate the restroom that corresponds to the gender assigned to them on their birth certificate “issued at or near the time of birth.” [their] birth.”
The bill also prohibits institutions from creating or maintaining multi-occupancy all-sex restrooms, which would force many colleges to label current all-sex spaces as single-sex.
Debate on the dance floor
Although the bill originally addressed college credits, the Ohio senators’ comments focused almost exclusively on transgender people.
Cirino said the bill was about “safety and security” and that “young girls’ anxiety” around bathrooms is itself a “form of abuse.”
Sen. Catherine Ingram (R-Cincinnati) said she was surprised by the bill change in June and vowed not to include her name in the legislation.
“It is a shame that we continue to try to separate and exploit people who have already been exploited enough,” Ingram said.
After the amended SB 104 bill passed Wednesday, Democratic sponsors removed their names from the title.
After the vote, Antonio issued a statement condemning the Senate’s actions.
“I can’t believe this is a top priority for our first session back after the break,” Antonio said. “There are many other issues we should work on. There should be no exception to freedom and justice for all, and yet we tell our children that there are people who are worse. This bill does not apply to bathrooms. It’s about demonizing those who are different, and our children are watching and listening to this fear-mongering.”
Comments from other organizations
The American Civil Liberties Union (ACLU) of Ohio said in a statement on social media that it was “closely considering next steps.”
“We are incredibly disheartened by the Ohio General Assembly’s continued attacks on transgender and gender non-conforming people across Ohio,” said Jocelyn Rosnick, policy director of the nonprofit civil rights organization. “[SB 104] “This is a cruel violation of students’ privacy rights that could result in the government unjustifiably disclosing private personal information.”
Equitas Health condemned Ohio senators who voted in favor of the bill.
“We are incredibly disappointed in the Ohio Legislature for choosing bigotry and causing harm to our LGBTQ+ youth and teachers with this decision,” the post read. 🔥
START ACTION
- TransOhio encourages concerned Ohioans to call Governor DeWine (614-466-3555) to express their feelings on SB 104.
- Learn about all of Ohio’s current LGBTQ legislation by checking out our Legislative Guide here.
