Ohio lawmakers send transgender ‘bathroom ban’ to DeWine’s desk

Ohio’s Republican-controlled Senate approved legislation Wednesday to bar transgender students from using school restrooms and locker rooms that match their gender identity, sending the measure to Republican Gov. Mike DeWine for final approval. 

What started as a noncontroversial bill about college credit for high school students turned into a hotly debated piece of legislation when state Senate Republicans voted in June to attach a House-passed bill barring trans students from using single-sex restrooms to the measure. 

The law would require public and private schools, including colleges and universities in Ohio, to separate bathrooms, locker rooms and overnight accommodations by “biological sex,” or the sex that is listed on a student’s original birth certificate. It would also prohibit the construction of multi-occupancy, all-gender facilities. 

Transgender students may use single-occupancy or faculty facilities with “controlled use,” according to the bill. It passed the Senate Wednesday in a party-line 24-7 vote. 

Dan Tierney, a spokesperson for DeWine, said the governor is inclined to sign the bill, but will review it when it arrives on his desk in its final form. 

Senate Republicans argued Wednesday that the measure is needed to protect female students’ privacy and is not meant to discriminate against transgender students. 

“This bill is offered with no animus toward students who are experiencing gender issues,” said Republican state Sen. Jerry Cirino, who sponsored the bill in its original form. “It makes as many accommodations as possible.” 

State Sen. Kristina Roegner, another Republican, said the results of last week’s elections, in which Republicans captured the presidency and both chambers of Congress, signal Americans’ broad rejection of policies that allow transgender people to access facilities and sports teams that match their gender identity. 

President-elect Trump and Republicans spent millions on television and digital ads slamming their Democratic opponents’ support for trans-inclusive policies in the final weeks of the election.  

In Ohio, Sen.-elect Bernie Moreno (R) ousted Sen. Sherrod Brown (D), a three-term senator, following a contentious race wherein Moreno ran several ads attacking Brown’s voting record on transgender issues and pledging to keep “biological men” out of girls’ sports. 

“Ohioans and Americans, quite frankly, across the country, don’t want boys in girls’ sports,” Roegner said. “They don’t want boys in girls’ locker rooms. They don’t want boys in girls’ bathrooms. It’s for the safety of the kids. And this message was sent loud and clear last week during the national election.” 

Ohio Democrats denounced the bill as an attempt to further restrict transgender rights in the state. Ohio law already prohibits transgender student-athletes from competing on sports teams that match their gender identity and prevents trans minors from accessing gender-affirming medical care, a measure that DeWine initially vetoed. 

“I am in disbelief that this is a top priority on our first session back from recess,” Ohio Senate Minority Leader Nickie Antonio (D) said. “This bill is not about bathrooms. It’s about demonizing those who are different, and our children are watching and listening to the fearmongering.” 

Democrats also said the bill likely violates Ohio’s single-subject rule by legislating more than one subject, college credit and access to single-sex facilities. 

State LGBTQ rights groups called on DeWine to veto the bill at a press conference outside the state Capitol Thursday. Leaders for Equality Ohio, TransOhio and the American Civil Liberties Union of Ohio, among other organizations, said they are working to mobilize advocates across the state to petition DeWine to reject the measure.