Ohio governor signs bill restricting transgender students’ access to school restrooms

Ohio Governor Mike DeWine on Wednesday signed a bill into law that restricts transgender students from using bathrooms that correspond with their gender identity.

Senate Bill (SB) 104 requires public school buildings and facilities to “designate each [communal] student restroom, locker room, changing room, or shower room” to be for “the exclusive use by students of the male biological sex only or by students of the female biological sex only.” Biological sex is defined in the bill to exclude an individual’s expression of gender identity other than what is on their official birth record. The bill also prevents schools from establishing gender-neutral restrooms.

The bathroom policy, known as the Protect All Students Act, was originally introduced as House Bill (HB) 183 before it was added to SB 104. HB 183 was sponsored by State Representatives Adam Bird and Beth Lear. Representative Bird explained that the “bottom line of this legislation is to protect students” and that he doesn’t “see that as a controversial issue.”

The ACLU of Ohio, however, “strongly urge[d] Governor DeWine to veto this bill and protect the rights of privacy of LGTBQ+ Ohioans statewide.” ACLU of Ohio Policy Director Jocelyn Rosnick commented that “SB 104 will create unsafe environments for trans and gender non-conforming individuals of all ages.”

Other states have moved to pass similar legislation. In October, for instance, the Odessa City Council in Texas approved a restriction for restroom use to biological sex. On Thursday, Speaker of the US House of Representatives Mike Johnson also restricted the use of gendered restrooms in the House to biological sex. The decision was based on HB Resolution 1579, which prohibits members and other employees of the House from “using single-sex facilities other than those corresponding to their biological sex.”

In January 2023, the ACLU filed a motion as an intervener in a federal lawsuit concerning an Ohio school district’s allowance of transgender students to use bathrooms that align with their gender identity. The US Court of Appeals for the Sixth Circuit heard oral arguments in late October, and the lawsuit is still ongoing.

The Senate passed SB 104 in mid-November by a 24-7 vote, sending the bill to the governor for approval. With his signature, the bill will now become law in 90 days.