'Anti-trans' bathroom bill passes Ohio Senate, heads to DeWine's desk

COLUMBUS, Ohio (WCMH) -- A bill to ban Ohio's students from using school restrooms that don't align with their sex assigned at birth is heading to Gov. Mike DeWine after advancing at the Statehouse on Wednesday.

The Ohio Senate voted 24-7 in favor of the ban, sending the measure to DeWine's desk for signature before it can become law. The ban had previously stood on its own as House Bill 183 and was folded into Senate Bill 104, which amends Ohio's College Credit Plus program, when the House passed the legislation in June.

"It protects our children and grandchildren in private spaces where they are most vulnerable," said Sen. Jerry Cirino (R-Kirtland) shortly before the bill passed. "It is us using our legislative authority to ensure schools are, in fact, safe environments."

S.B. 104 requires academic institutions to set separate bathrooms, locker rooms and overnight accommodations based on students' "biological sex," meaning the sex listed on a student's birth certificate. The bill, which also prohibits the construction of any all-gendered restrooms in schools, would go into effect 90 days after DeWine signs it.

"I'm for people, kids, to be able to go to the bathroom with the gender assignment so that they have that protection, but I'll have to look at the specific language," DeWine told reporters this past summer when asked about the legislation.

Opponents of the measure, like Equality Ohio public policy manager Morgan Zickes, argue the bill is another "attack" against trans youth, referring to other legislation like House Bill 68 which went into effect in August banning gender-affirming care for minors. Zickes called the provision unconstitutional at the Statehouse on Wednesday and said the organization will "fight this using every avenue possible."

"The majority in the legislature is choosing to spend valuable time scapegoating LGBTQ+ Ohioans through a series of politically motivated attacks instead of addressing the needs of Ohioans," said Zickes. "Trans students want a fair chance to succeed in school, and these bills make that harder."

Rep. Adam Bird (R-New Richmond), one of the bill's primary sponsors, previously told NBC4 he proposed the legislation because he had been contacted by constituents who requested it. Bird said he doesn't "view this as controversial," and thinks "parents of all political backgrounds want their children to be safe in the restroom."

Bird said he collaborated with lawmakers to refine the bill's language, including adding an exemption for custodians or an individual responding to an emergency to enter a restroom that does not align with their sex. Exemptions have also been built in for children under age of 10 being assisted by a parent or guardian, or a person with a disability who is being assisted.

Leo Duru, a trans Ohio college student, said at the Statehouse Wednesday the bill "encapsulates the worst fears of trans and gender non-conforming students." Duru recalled when his "gender presentation changed from feminine to more masculine," and he was faced with the decision of which bathroom to use.

"In the girls bathroom, I risked verbal bullying and shame, and in the boys bathroom, I faced physically bullying," said Duru. " I still overthink every move I make and try to leave during classes so that fewer people will be in the restrooms. I still time my exit so that no one will sere me leave the stall."

The legislation drew more than 110 opponents to submit testimony against it last fall, including Minna Zelch, who said her trans daughter has been using the women's restroom for years without incident. Zelch said statistics show, in cases where harassment or assault does take place, the trans person is more likely to be the victim, not the perpetrator.

"Putting aside for the moment the fact that God also made intersex people, who happen to represent a much greater percentage of the population than transgender people and are conveniently ignored in all of these arguments, a human being's very existence is not something that should ever be up for debate," said Zelch.

Brendan Shea, an Ohio Board of Education member who was one of 33 proponents to submit testimony in support of the bill last fall agreed the bill is "an issue of safety," and pointed to a precedent set by the board when it approved a resolution in December 2022 that rejected proposed federal protections for LGBTQ+ students.

"It's an issue that distracts from academics," Shea said. "I too often hear from concerned parents, constituents and administrators. It’s a distraction for them. Enacting [this bill] will help take that difficult situation off their plate."

Beryl Brown Piccolantonio, a former Gahanna-Jefferson School Board president who was appointed to the House's fourth district seat earlier this year, testified last October the Gahanna board was concerned the legislation "would hurt some of our most marginalized and vulnerable students" and "impact our staff who are already under significant pressure and stress."

Rep. Beth Lear (R-Galena), the bill's other primary sponsor, said during the bill’s first hearing that modern education teaches children's feelings should be "constantly affirmed," including feelings of identity regardless of whether they are "rooted in reality."

"Boys cannot become girls, and girls cannot become boys," Lear said. "The modern issue of gender is not a social construct, but the idea you can change your gender is."