On Wednesday, Ohio Governor Mike DeWine signed into law Senate Bill (SB) 104, which restricts transgender students’ access to restrooms that align with their gender identity.
The new legislation mandates that public school buildings designate student restrooms, locker rooms, changing rooms, and shower rooms based on “biological sex,” excluding gender identity from consideration.
SB 104, also known as the Protect All Students Act, defines biological sex as the sex listed on an individual’s birth certificate, disregarding any gender identity that may differ from that designation. The law also prohibits schools from establishing gender-neutral restrooms.
This provision aligns with House Bill (HB) 183, which was initially introduced separately by State Representatives Adam Bird and Beth Lear before being incorporated into SB 104.
Representative Bird, who sponsored HB 183, defended the bill, stating, “The bottom line of this legislation is to protect students.”
He argued that this is not a controversial issue, but rather an effort to ensure the safety and privacy of students.
The bill passed the Ohio Senate in November with a 24-7 vote, and after receiving Governor DeWine’s signature, it will become law in 90 days.
The legislation has sparked significant opposition, particularly from civil rights organizations such as the ACLU of Ohio. ACLU Policy Director Jocelyn Rosnick strongly criticized the bill, warning that SB 104 will create unsafe environments for transgender and gender non-conforming individuals of all ages.
“We strongly urge Governor DeWine to veto this bill and protect the rights of LGBTQ+ Ohioans statewide,” Rosnick stated.
Similar legislation has been introduced and passed in other states, intensifying the national debate surrounding transgender rights. In October, Odessa City Council in Texas approved a similar restroom restriction law.
On Thursday, U.S. House Speaker Mike Johnson also announced restrictions for restroom use in the House of Representatives, requiring members and employees to use facilities corresponding to their biological sex, in accordance with House Resolution 1579.
This law comes amid ongoing legal battles regarding the rights of transgender students in schools. In January 2023, the ACLU intervened in a federal lawsuit concerning a school district’s policy that allowed transgender students to use restrooms consistent with their gender identity.
The case, which is still pending, was argued before the U.S. Court of Appeals for the Sixth Circuit in October 2023.
With the passage of SB 104, Ohio joins a growing list of states where lawmakers have passed similar bills restricting transgender access to sex-segregated public facilities.
