As Ohio Republicans celebrate their victories in the 2024 election, they have also managed to secure a major post-election victory for children in their state. On Nov. 27, Ohio Gov. Mike DeWine signed into law Senate Bill 104 — also known as the Protect All Students Act— which prohibits anyone in K–12 public and private schools, colleges, and universities from using any bathroom or school facilities meant exclusively for the opposite biological sex.
All public and private schools, colleges, and universities across the state of Ohio are now mandated to designate all private areas used by multiple students as single-sex. The language of the law specifically states:
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.
Additionally, the law prohibits schools from creating and maintaining any “multi-occupancy facility that is designated as nongendered, multigendered, or open to all genders.” Universities are now to provide “clear signage” for all areas used exclusively for both biological males and females. The new law has created certain exceptions for reasonable circumstances, including parents and guardians of children under the age of 10, school employees that need to fulfill their duties in those areas, those assisting someone with a disability, and those that are assisting in a legitimate emergency.
Republicans across Ohio responded positively to the news of DeWine’s support for the new law. Ohio State Sen. Jerry Cirino (R-Kirtland), the bill’s co-sponsor, stated that the purpose of Ohio’s new law is to ensure the safety of children and young adults within Ohio’s educational system. “It revolves around safety, security, and, I think, common sense,” said Cirino. “It protects our children and grandchildren in private spaces where they are most vulnerable.” Ohio Republican State Reps. Adam Bird and Beth Lear, who sponsored the bill in the Ohio House, expressed their gratitude for DeWine in a post on X. “We are thankful that individuals will not have to worry about the opposite sex coming into the restrooms, locker rooms, and changing rooms,” said Rep. Bird.
As Ohio Republicans expressed overwhelming praise of the bill’s passage, they also expressed surprise at DeWine’s decision to sign the bill into law, given his opposition to previous bills dealing with transgender issues. In December 2023, DeWine vetoed the Ohio Saving Adolescents from Experimentation (SAFE) Act, which prohibited minors from receiving so called “gender-reassignment surgeries,” and the Save Women’s Sports Act, which prohibited biological males from participating in women’s sports. DeWine justified his decision for vetoing the SAFE Act on the basis that parents, not the government, should make the decision. DeWine said: “Ohio would be saying that the State—that the government—knows better what is medically best for a child than the two people who love that child the most, the parents.” Republicans in the Ohio General Assembly managed to successfully override the governor’s veto.
Progressives and Democrats across the state denounced the bill’s passage. Ohio Democrats, along with teachers unions and other left-wing organizations, attempted to pressure DeWine into vetoing the legislation, but their efforts ultimately failed. Jocelyn Rosnick, the policy director of the ACLU of Ohio, called the bill “a cruel invasion of students’ rights to privacy, which could result in unwarranted governmental disclosures of private, personal information.” Equality Ohio Executive Director Dwayne Steward said, “We are deeply disappointed that Governor DeWine has allowed this dangerous bill to become law that puts vulnerable trans youth at risk for abuse and harassment.” Ohio Federation of Teachers President Melissa Cropper stated, “This bill has nothing to do with student safety and everything to do with political opportunism. There is no epidemic of student assaults in bathrooms and locker rooms.”
The timing of Ohio’s new law could not have come at a more critical point. In addition to Ohio, 11 other states have passed similar legislation, including Alabama, Arkansas, Florida, Idaho, Iowa, Kansas, Kentucky, North Dakota, Oklahoma, Tennessee, and Utah. Tennessee’s law, which bans minors from so called “gender-reassignment surgeries” and prohibits biological males from participating in women’s sports, is currently being challenged in the United States Supreme Court (United States v. Skrmetti). The Supreme Court heard oral arguments on Dec. 4 that addressed whether Tennessee’s latest law violates the Equal Protection Clause of the 14th Amendment. While a decision will not be released until 2025, the outcome of United States v. Skrmetti will decide the fate of current and future legislation that prohibits biological males and females from using opposite-sex facilities.
Though the wide range of these issues in the Buckeye State remains unclear and undecided, the passage and implementation of Ohio’s new law marks a major victory by Republicans in their efforts to protect children.
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