April 10, 2024; Columbus, Ohio;
Ohio Governor Mike DeWine gives his 2024 State of the State address in the Ohio House chambers at the Ohio Statehouse on Wednesday afternoon.
Today, Ohio Gov. Mike DeWine (R) signed into law a sweeping bathroom ban for transgender students, including even private colleges in the ban.
The law, known as Senate Bill 104, says in the bill text: “A school shall designate each student restroom, locker room, changing room, or shower room that is accessible by multiple students at the same time, whether located in a school building or located in a facility used by the school for a school-sponsored activity, for the exclusive use by students of the male biological sex only or by students of the female biological sex only.”
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It has no clear enforcement mechanism, and contains no provisions discussing intersex people, who do not fit into biological sex categories neatly. It is set to take effect 90 days after the signing, and it will allow single-occupancy gender neutral facilities. It does not apply to disabled individuals or children younger than 10 being assisted by someone else.
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The bill does not rely on a definition of gender but rather of biological sex, which it defines as “the biological indication of male and female, including sex chromosomes, naturally occurring sex hormones, gonads, and nonambiguous internal and external genitalia present at birth, without regard to an individual’s psychological, chosen, or subjective experience of gender.”
According to Assigned Media, the bill became successful in part because of the trans exclusionary radical feminist group Women’s Liberation Front, as well as the Center for Christian Virtue, a far-right Christian organization in Ohio, both of whom have admitted to directly working with and lobbying right-wing politicians to get the bill passed.
The Center for Christian Virtue even admitted to being close to the bill’s sponsors, Republican Reps. Beth Lear and Adam Bird, as they all attended the signing of the bill together.
The bill previously existed as House Bill 183, but was merged at the end of last year’s legislative session with a separate college credit bill into Senate Bill 104 as a last-ditch move to get the bill passed. It passed through at the end of the session.
It is expected that the measure will go straight to court. The American Civil Liberties Union of Ohio has said previously that they are considering legal action, and Senate Minority Leader Nickie Antonio said to Assigned Media that she expects it will go straight to court as well, being challenged under Ohio’s “single subject” law.
“It defies the single subject law that the state of Ohio has: It says that when we pass a piece of legislation, it’s supposed to be on a single subject,” Antonio said.
The ACLU of Ohio said in a statement on X,
“Transgender people are part of the fabric of Ohio; our families, our workplaces, and our neighborhoods. 🏳️⚧️
We remain steadfast in our commitment to the LGBTQ+ community and are closely considering next steps.”
🚨@GovMikeDeWine signed the anti-trans bathroom bill into law.
Transgender people are part of the fabric of Ohio; our families, our workplaces, and our neighborhoods. 🏳️⚧️
We remain steadfast in our commitment to the LGBTQ+ community and are closely considering next steps. pic.twitter.com/34xglRfZtj
A similar ban was enacted within the U.S. Capitol, after House Speaker Mike Johnson (R-LA) reacted to Rep.-elect Sarah McBride’s election by requiring bathrooms to be used on the basis of “biological sex.” All House officials have private restrooms in their offices, and it is expected that this will largely affect anyone who works in or visits the Capitol.
Gov. Mike DeWine has not commented publicly on the passing yet.
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