Ohio gov. signs bill requiring students to use school bathrooms based on their sex, not preference
Ohio has become the latest state to require students to use bathrooms and other private, single-sex spaces that correspond to their sex instead of their self-declared gender identity amid pushback to LGBT ideology that has permeated society.
Ohio's Republican Gov. Mike DeWine signed Senate Bill 104 into law last Wednesday. As explained in a statement released by DeWine's office, the legislation implements “the Protect All Students Act regarding single-sex bathroom access in primary and secondary schools and institutions of higher education.”
DeWine's approval of the measure follows its passage in the Republican-controlled Ohio House of Representatives in a 60-31 vote and its clearance in the Republican-controlled Ohio Senate in a 24-7 vote. The votes on the legislation came down largely along party lines, with most votes in opposition to the bill coming from Democrats and all votes in favor of it coming from Republicans. Two House Republicans joined all House Democrats in voting against the legislation.
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Senate Bill 104 requires schools to “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 located 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 legislation further declares that “no school shall permit a member of the female biological sex to use a student restroom, locker room, changing room, or shower room that has been designated by the school for the exclusive use of the male biological sex” and “no school shall permit a member of the male biological sex to use a student restroom, locker room, changing room, or shower room that has been designated by the school for the exclusive use of the female biological sex.”
It adds: “No school shall permit a member of the female biological sex to share overnight accommodations with a member of the male biological sex. No school shall permit a member of the male biological sex to share overnight accommodations with a member of the female biological sex.”
The passage of the legislation comes in response to concerns about trans-identified males using girls' restrooms and locker rooms at school in addition to sharing overnight accommodations with female students on school field trips.
Ohio is now one of 12 states that prohibit trans-identified youth from using bathrooms and sex-segregated spaces that align with their stated gender identity in K-12 schools. The others are: Alabama, Arkansas, Idaho, Iowa, Kentucky, Louisiana, Mississippi, North Dakota, Oklahoma, South Carolina and Tennessee. Two other states, Florida and Utah, require trans-identified individuals to use sex-segregated spaces that align with their sex in all government-owned facilities, not just K-12 schools.
In a statement published Wednesday, Aaron Baer of the Ohio-based group Center for Christian Virtue, praised the passage of Senate Bill 104. “Common sense is on a winning streak in America today,” he said. “No student should be forced to go into a bathroom or locker room with a student of the opposite sex, and Ohio’s kids are better protected now because of Governor DeWine’s decision to sign this bill.”
After the Ohio Senate approved Senate Bill 104 on Nov. 13, the ACLU of Ohio issued a statement condemning the legislation. “Senate Bill 104 is a cruel invasion of students’ right to privacy, which could result in unwanted governmental disclosures of private, personal information,” asserted ACLU of Ohio Policy Director Jocelyn Rosnick.
“SB 104 will create unsafe environments for trans and gender [non-conforming] individuals of all ages,” she claimed. “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 progressive advocacy organization suggested that the new law could face a lawsuit as Rosnick indicated that, “The ACLU of Ohio remains steadfast in our commitment to standing with trans Ohioans and is closely considering next steps.”
DeWine's approval of Senate Bill 104 comes as polling conducted after the 2024 presidential election showed that the perception of an excessive focus on LGBT-related issues hurt Democratic presidential nominee Vice President Kamala Harris in her unsuccessful White House bid.
A report from the polling firm Blueprint found that 78% of swing voters who chose President-elect Donald Trump over Harris cited the belief that Harris was “focused more on cultural issues like transgender issues rather than helping the middle class” as a reason to vote against her.
Ryan Foley is a reporter for The Christian Post. He can be reached at: [email protected]
