Gov. DeWine signs Ohio 'anti-trans' bathroom bill
COLUMBUS, Ohio (WCMH) -- Gov. Mike DeWine has signed a bill into law that will ban Ohio's students from using school restrooms that don't align with their sex assigned at birth.
DeWine announced his decision Wednesday after the Ohio Senate voted on Nov. 13 to concur with the Ohio House and pass the legislation. 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 approved the bill in June.
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, will go into effect in 90 days.
The ACLU of Ohio has long argued against S.B. 104's "harmful anti-trans" provisions, and said the 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."
"S.B. 104 is a cruel invasion of students' rights to privacy, which could result in unwarranted governmental disclosures of private, personal information," said Jocelyn Rosnick, ACLU of Ohio policy director. "All Ohioans deserve to access the facilities they need, in alignment with their gender identity, without fear of harassment or bullying."
Sen. Andrew Brenner (R-Delaware), one of S.B. 104's primary sponsors, argues the bill protects women and noted it allows for certain accommodations, such as allowing students to use single-use restrooms. The bill also includes exemptions for custodians or an individual responding to an emergency to enter a restroom that does not align with their sex, for children under age of 10 being assisted by a parent or guardian, and for a person with a disability who is being assisted.
"[The bill] addressed the concern from many Ohio parents about their local schools allowing the opposite sex into shared restrooms or locker rooms," said Brenner. "I support protecting women, and our daughters, by simply providing the specific facilities reserved for them."
Senator Catherine D. Ingram (D-Cincinnati) said she originally supported S.B. 104 when the legislation focused solely on improving the state's College Credit Plus Program. By amending the bill to include the bathroom provision, Ingram said the Statehouse "is making an entire group of individuals feel less safe by ostracizing them."
"When I chose to co-sponsor this bill, it was about College Credit Plus, and of course, I was hoping there would be additional modifications focusing on the disparity of accessibility of this program," said Ingram. "I had to take my name off this legislation because the Republican caucus has decided to again amend in harmful legislation that has nothing to do with the original intent of this bill."
Sen. Niraj Antani (R-Miamisburg) argued it is "common sense policy" to "allow only biological males to be able to use only male bathrooms and biological females to be able to use only female bathrooms."
"I voted to protect our school children across Ohio by ensuring biological males do not use the same restroom with girls," said Antani. "This is common sense policy that will ensure the safety and security of our school children. No young girl should be forced to go into the same restroom with a biological male."