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Ohio Legislature

Ohio House passes bill to restrict transgender students' bathroom use

The legislation approved Wednesday would require K-12 and college students to use bathrooms and locker rooms that match their sex at birth

Portrait of Haley BeMiller Haley BeMiller
Cincinnati Enquirer

The Ohio House on Wednesday voted to ban transgender students from using school bathrooms that align with their gender identity.

The surprise, late-night vote concluded a marathon legislative session before lawmakers break for the summer − and potentially until after the November election. House Republicans tacked the measure onto a separate bill dealing with the state's college credit program.

The Senate must agree with the changes before it heads to Gov. Mike DeWine’s desk.

A House panel approved a standalone bill on transgender bathroom use in April, but Speaker Jason Stephens, R-Kitts Hill, hadn’t brought it up for a full vote. Proponents contend it will protect children, while critics say it’s another attempt by the GOP-controlled Legislature to restrict the rights of LGBTQ Ohioans.

Protesters gather at the Ohio Statehouse in January ahead of the Ohio Senate's vote to override Gov. Mike DeWine's veto of House Bill 68

"We continue to focus on children’s genitals rather than their education, which was the original intent of this bill," Rep. Beth Liston, D-Dublin, said. "As far as protecting girls and women, I will tell you as a woman that I neither want nor need your protection, and I’m frankly sick of being told otherwise."

Republicans enacted a measure earlier this year – overriding DeWine’s veto to do so – that bans gender-affirming care for minors and blocks transgender girls and women from playing in female sports. A Franklin County judge blocked the law after advocates sued on behalf of transgender Ohioans.

The legislation approved Wednesday would require K-12 and college students to use bathrooms and locker rooms that match their sex at birth. It also prohibits schools from letting students share overnight accommodations with the opposite biological sex.

The restrictions don't apply to school employees, emergency situations or people assisting young children or someone with a disability. Schools could still offer single-use and family facilities.

"Superintendents and school boards, they need clarity on this issue," Rep. Adam Bird, R-New Richmond, said. "We are the legislative body in the state of Ohio. We should not be sitting on the sideline waiting for the federal executive branch to make decisions. We should not be sitting on the sideline waiting for the judicial branch to make decisions when it comes to this issue."

If passed, Ohio would join 12 other states that regulate transgender bathroom use in schools, government buildings or both, according to the Movement Advancement Project.

President Joe Biden has pushed for a federal rule to prohibit discrimination against students based on their gender identity, but a judge recently ruled that it can’t take effect in Ohio and other Republican-led states.

Haley BeMiller is a reporter for the USA TODAY Network Ohio Bureau, which serves the Columbus Dispatch, Cincinnati Enquirer, Akron Beacon Journal and 18 other affiliated news organizations across Ohio.

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