Ohio Senate Approves Controversial Transgender Bathroom Ban

This blog is originally appeared at LGBTQ Nation

The bill affects all students across the state and will limit the rights of thousands of transgender individuals if signed into law by the governor.

On Wednesday, the Ohio State Senate approved Senate Bill 104, a transgender bathroom ban for all students in the state, including those in higher education.

Titled the “Protect All Students Act,” the bill passed with a 24-7 vote, strictly along party lines.

The bill states, “A school shall designate each student restroom, locker room, changing room, or shower room that is accessible by multiple students at the same time, whether located in a school building or in a facility used by the school for a school-sponsored activity, for the exclusive use by students of the male biological sex only or by students of the female biological sex only.”

The bill will soon be sent to Governor Mike DeWine (R) for either approval or veto. While he is expected to sign it, the Associated Press reports that he will first conduct a legal review.

The ban exempts school faculty, children under 10 who require family assistance, and individuals with disabilities.

Rather than defining gender, the bill relies on the concept of biological sex, which it defines as “the biological indication of male and female, including sex chromosomes, naturally occurring sex hormones, gonads, and nonambiguous internal and external genitalia present at birth, without regard to an individual’s psychological, chosen, or subjective experience of gender.”

The bill does not address or provide exceptions for intersex individuals, who do not fit neatly into traditional biological sex categories.

The Ohio Center for Christian Virtue strongly supports the bill. “Today is a huge victory for children and families in Ohio,” said David Mahan, the group’s policy director, calling it “common-sense legislation.”

However, Jocelyn Rosnick, Policy Director for the American Civil Liberties Union of Ohio, expressed strong opposition. “We are incredibly disheartened by the Ohio General Assembly’s continuous attacks against transgender and gender non-conforming individuals across Ohio. Senate Bill 104 is a cruel invasion of students’ rights to privacy, which could result in unwarranted governmental disclosures of private, personal information.”

She added, “If allowed to go into effect, SB 104 will create unsafe environments for trans and gender non-conforming individuals of all ages. This bill ignores the material reality that transgender people endure higher rates of sexual violence and assaults, particularly while using public restrooms, than people who are not transgender. All Ohioans deserve to access the facilities they need, in alignment with their gender identity, without fear of harassment or bullying. The ACLU of Ohio remains steadfast in our commitment to standing with trans Ohioans and is closely considering next steps.”