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30 November 2024

Ohio Enacts Law Banning Transgender Students From Specific Bathrooms

New legislation adds Ohio to national trend restricting transgender access to school facilities

Ohio has become the latest state to implement restrictions on transgender students with the signing of a bill prohibiting them from using multiperson bathrooms aligning with their gender identity. Signed by Republican Governor Mike DeWine, this legislation directly affects all transgender students from kindergarten through college across both public and private schools.

The law was signed out of public view on November 28, 2024, and is set to take effect within 90 days. Remarkably, DeWine did not make any public statement on this contentious issue, which has faced significant opposition from Democrats, teachers’ unions, and civil rights advocates who had lobbied for his veto, especially considering his previous disapproval of restricting gender-affirming care for minors.

Dubbed the “Protect All Students Act,” the law mandates schools, colleges, and universities to provide separate facilities designated exclusively for males and females, based on the gender assigned at birth. It applies to bathrooms, locker rooms, and overnight accommodations used during school-sponsored events. Notably, the law includes no enforcement mechanisms, raising questions about how it will be implemented.

State Senator Jerry Cirino, the bill's sponsor, stated, “It revolves around safety, security, and, I think, common sense. It protects our children and grandchildren in private spaces where they are most vulnerable.” This sentiment was echoed by supporters who argue it addresses concerns over student privacy and safety.

On the opposing side, civil rights groups such as the ACLU of Ohio have condemned the law, claiming it infringes on the privacy rights of LGBTQ+ individuals and compromises their safety. Dwayne Steward, Executive Director of Equality Ohio, expressed his disappointment, stating, “We are deeply disappointed... this dangerous bill puts vulnerable trans youth at risk for abuse and harassment.”

With DeWine’s signature, Ohio joins at least 14 other states enforcing similar bathroom restrictions for transgender individuals, as highlighted by the Human Rights Campaign. The legal equivalents put forth vary, but the overall trend has seen legislation aimed at regulating bathroom access based on gender identity ramp up significantly.

This measure is part of a broader national movement among Republican lawmakers reacting to increased visibility and acceptance of transgender issues and rights. Alongside Ohio, 26 states have enacted laws restricting or outright banning gender-affirming care for transgender minors. For example, Tennessee is currently facing scrutiny as the U.S. Supreme Court prepares to review arguments concerning its gender-affirming care restrictions.

Meanwhile, various other states continue to propose or enforce similar restrictions. For example, Texas has introduced measures to stop using state funds for gender-reassignment surgeries, as well as allowing those who’ve received gender-affirming care to sue their doctors for malpractice until they reach 25 years of age. Despite these increasingly harsh measures, some Democrats are simultaneously fighting for protections against discrimination based on gender identity within Republican-controlled legislatures.

Ohio's bathroom ban follows on the heels of other contentious measures targeting transgender youth, including legislation barring transgender girls from participating on girls’ sports teams. This accompanies the statewide law prohibiting gender-affirming care for minors which, after facing initial setbacks, went through to enactment when the legislature overrode DeWine’s veto last year.

This wave of anti-trans legislation raises serious concerns for many advocates who argue the consequences of such policies extend beyond just bathroom access. The laws can create environments rife with discrimination and potential violence against already vulnerable populations. Critics of the Ohio law, including various LGBTQ+ advocacy organizations, continue to challenge its necessity and the underlying assertions of security it purports to address.

While proponents brand the law as necessary for maintaining safety and privacy, opponents argue it fosters discrimination and sets dangerous precedents for how transgender individuals are treated within public spaces. With this legislative shift, Ohio is positioned among the states doubling down on traditionalist approaches to gender identity and expression, leaving many advocates and families alarmed.

According to reports, the environment for transgender rights appears increasingly perilous as states vie to either reinforce or dismantle LGBTQ+ protections. This legislative push reflects broader cultural battles playing out across the nation as perceptions and acceptance of trans rights evolve.

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