New Ohio law bans trans students from using bathrooms based on gender identity

Ohio Republican Gov. Mike DeWine signed a new law banning transgender students from using multiperson bathrooms according to their gender identities. The “Protect All Students Act” will take effect in 90 days as some lawmakers call for a veto.

Gov. DeWine didn’t make a comment after signing the bill Wednesday, Nov. 27.

The move comes on the heels of different legislation that took effect in August banning gender-affirming care for minors across the state.

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The newly-signed law requires both public and private schools to have separate bathrooms and locker rooms for kindergarten through college-level students based on their biological sex assigned at birth.

It also requires officials to clearly label bathrooms, locker rooms, shower rooms and changing rooms as male or female.

According to the bill, biological sex is defined as the sex chromosomes, naturally occurring sex hormones and both the internal and external anatomy of males and females.

The law prohibits using psychological, chosen or subjective genders as definitions or determinations.

Ohio Republican State Sen. Jerry Cirino said the bill revolves around safety, security and common sense.

Republican State Rep. Beth Lear also supported the legislation and offered a letter of support. She said these restrictions protect students from predators and shield them from issues that are too complex for many adults.

Ohio echoes at least 11 other states already halting transgender women and girls from using bathrooms labeled for women and girls.

The state also joins 24 others that regulate the participation of transgender girls and women in women’s sports.

The Republican-backed measure passed in the Ohio House before receiving a 24-7 vote in the Senate earlier this month.

The act was added to other legislation surrounding a college credit program for high school students, which quickly drew objection from Democrats and civil rights groups, including the American Civil Liberties Union of Ohio.

The ACLU called the legislation “anti-trans.”

“SB 104 will create unsafe environments for trans and gender non-confirming 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.”

ACLU of Ohio statement by Policy Director Jocelyn Rosnick

A study released in 2019 by the Journal of Pediatrics supports this claim. Data shows that when transgender teens’ bathrooms are limited or restricted, they’re at a higher risk for sexual assault.

The ACLU of Ohio said it is closely considering next steps to continue standing with trans Ohioans.

People with disabilities are exempt from this bill. Private and public institutions can still provide family and single-use bathrooms.

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There are also other exemptions like emergencies, for school employees or parents helping young children.

Right now, as written, there are no penalties or enforcement listed in the bill if violations happen.

Before signing the bill, DeWine made a legal review of the legislation.