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Tag: transgender students

Ohio Gov. Mike DeWine signs transgender bathroom ban bill into law

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By: Megan Henry – Ohio Capital Journal

Ohio Gov. Mike DeWine has signed a bill into law banning transgender students from using school bathrooms and locker rooms that match up with their gender identity.

The law requires people at Ohio K-12 schools and universities use the restroom that aligns with their gender assigned at birth. It also bans students from sharing overnight accommodations with people of the opposite sex from their assigned sex at birth at K-12 schools.

This does not prevent a school from having single-occupancy facilities and does not apply to someone helping a person with a disability or a child younger than 10 years old being assisted by a parent, guardian or family member.

The law will take effect 90 days after DeWine signed the bill.

A lawsuit is expected to be filed against this. The Ohio Capital Journal interviewed a Cleveland attorney over the summer about potential legal challenges with the bill, such as who would police such a policy?

Several transgender Ohioans, allies and educators called on DeWine to veto the bill. The Ohio Capital Journal recently talked to a family who plans on moving out of Ohio because of anti-transgender legislation at the Statehouse.

The bathroom ban (House Bill 183) was added to a bill that revises College Credit Plus (Senate Bill 104) in the eleventh hour of a House Session at the end of June before the lawmakers went on an extended break.

GET THE MORNING HEADLINES.

The Ohio Senate concurred with the changes made to S.B. 104 during their first session back from break.

State Reps. Beth Lear, R-Galena, and Adam Bird, R-New Richmond, introduced H.B. 183. State Sen. Jerry Cirino, R-Kirtland, introduced S.B. 104.

About 3% of high school students identify as transgender, according to recent data from the Centers for Disease Control and Prevention.

The American Medical Association officially opposes policies preventing transgender individuals from accessing basic human services and public facilities consistent with gender identity.

Slightly more than half of transgender and nonbinary youth in Ohio considered suicide in 2022, according to the Trevor Project.

About a third of LGBTQ+ students were prevented from using the bathroom that aligned with their gender and slightly more than a quarter were stopped from using the locker room that aligned with their gender, according to Ohio’s 2021 state snapshot by GLSEN, which examines the school experiences of LGBTQ middle and high school students.

Ohio Gov. Mike DeWine gives his 2024 State of the State address in the Ohio House chambers at the Ohio Statehouse on Wednesday afternoon. (Pool photo by Barbara J. Perenic, Columbus Dispatch.)

Forty-two percent of transgender and nonbinary students were unable to use the bathroom that aligned with their gender and 36% couldn’t use the locker room that aligned with their gender, according to the Ohio GLSEN report.

Transgender youth who can’t use the bathroom that aligns with their gender are at a greater risk of sexual violence, according to a 2019 study published in the journal Pediatrics.

Other states with transgender bathroom bans

Arkansas, Idaho, Iowa, Kentucky, Oklahoma, Tennessee, Alabama, Louisiana, Mississippi, North Dakota, Florida, and Utah have laws that ban transgender people from using the bathroom that matches their gender identity in schools.

Florida, Oklahoma, Idaho, and Tennessee’s laws have all been challenged. The U.S. Court of Appeals for the 9th Circuit blocked Idaho’s law last year.

North Carolina made history in 2016 by becoming the first state to ban bathroom access to transgender people. The law was quickly appealed in 2017 and settled in federal court in 2019, but the state ended up losing hundreds of millions of dollars as the NBA All-Star Game and NCAA events were moved out of state.

Follow OCJ Reporter Megan Henry on X.

Megan Henry

Megan Henry is a reporter for the Ohio Capital Journal and has spent the past five years reporting in Ohio on various topics including education, healthcare, business and crime. She previously worked at The Columbus Dispatch, part of the USA Today Network.

Ohio Capital Journal is part of States Newsroom, the nation’s largest state-focused nonprofit news organization.

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Nov 27, 2024
Ohio’s transgender bathroom ban bill could face legal challenges if it passed, attorney says

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Bathroom ban laws have been challenged in Florida, Oklahoma, Idaho and Tennessee.

Jean Schmidt (R) who represents Ohio House District 62 is a co-sponsor of HB 183.

Jennifer Gross (R) who represents Ohio District 45 is a co-sponsor of HB 183.

Thomas Hall (R) who represents Ohio District 46 is a co-sponsor of HB 183.

Bill Seitz (R) who represents Ohio District 30 is a co-sponsor of HB 183.

Adam C. Bird (R) who represents Ohio District 63 is a Primary Sponsor of HB 183.

BY: MEGAN HENRY – Ohio Capital Journal

The Ohio House recently passed a transgender bathroom and locker room ban bill, but states that have passed similar bills have gone on to face legal challenges.

Arkansas, Idaho, Iowa, Kentucky, Oklahoma, Tennessee, Alabama, Louisiana, Mississippi, North Dakota, Florida, and Utah all have laws on the books that ban transgender people from using the bathroom that aligns with their gender identity in schools.

These laws have been challenged in Florida, Oklahoma, Idaho, and Tennessee. The U.S. Court of Appeals for the 9th Circuit blocked Idaho’s law in the fall.

Ohio’s bill would require K-12 schools and universities to mandate that students only be able to use the bathroom or locker room that matches their gender assigned at birth. It would not prohibit a school from having single-occupancy facilities and it would not apply to someone helping a person with a disability or a child younger than 10 years old being assisted by a parent, guardian, or family member.

The bathroom ban bill, which was tucked into Senate Bill 104 at the end of a marathon House session, heads back to the Ohio Senate for concurrence. The lawmakers are currently on summer break, so that won’t happen anytime soon.

Ohio Gov. Mike DeWine has indicated he would sign the bill if it came to his desk.

“As it stands now, I would sign the bill,” he told reporters on Friday.

Lawsuits would be filed if Ohio passes the bill, said Cleveland attorney Robert Chaloupka.

“There’s good reason to believe that if the (Ohio) Attorney General decides to defend this case, they’re going to lose, which means we’re spending taxpayer money on something that we have a good sense of how it’s going to go,” he said.

Chaloupka sees lots of legal challenges with Ohio’s bill.

“My most critical point about this is who’s going to police this?” Chaloupka asked.

He thinks this would be especially challenging in a university setting where there are non-traditional students.

“You’re going to regulate where a 75 year olds trans individual goes to the bathroom?” Chaloupka said.

The Supreme Court declined to weigh in earlier this year on whether schools can ban transgender students from using a restroom that reflects their gender identity. That denial left in place a U.S. Court of Appeals for the 7th Circuit decision that allowed a transgender middle school Indiana boy to use the boys’ restroom.

The American Medical Association officially opposes policies preventing transgender individuals from accessing basic human services and public facilities consistent with gender identity.

“Banning transgender students from freely and safely accessing public places, like bathrooms and changing rooms, sends the message that transgender children do not belong,” Ash Orr, spokesperson for the National Center for Transgender Equality, said in an email. “Everybody should be able to safely access public places without fear of persecution or harassment.”

Utah’s bathroom ban law — which went into effect in May— applies to K-12 schools and all government-owned buildings.

“Using the bathroom is a human function that everybody needs to be able to do, and bathrooms can tend to feel like vulnerable spaces, so I think the real concern is that people will feel uncomfortable in a bathroom setting and choose not to use the bathroom at all, which obviously can lead to health issues,” said Equality Utah’s Policy Director Marina Lowe.

What happened in North Carolina?

North Carolina was the first state to limit bathroom access to transgender people in 2016 when they enacted a law that banned transgender people from using the restroom that matched their gender identity in most public spaces.

The backlash was swift and ended up costing the state hundreds of millions of dollars. The NBA moved its 2017 All-Star game from Charlotte to New Orleans. The ACC’s 2016 championship football game was moved from Charlotte to Orlando. Pearl Jam, Bruce Springsteen and Ringo Starr canceled their North Carolina shows.

North Carolina’s law was repealed in 2017 and ultimately settled in federal court in 2019.

Follow OCJ Reporter Megan Henry on Twitter.

MEGAN HENRY

Megan Henry is a reporter for the Ohio Capital Journal and has spent the past five years reporting in Ohio on various topics including education, healthcare, business and crime. She previously worked at The Columbus Dispatch, part of the USA Today Network.

Ohio Capital Journal is part of States Newsroom, the nation’s largest state-focused nonprofit news organization.

MORE FROM AUTHOR

Jul 2, 2024
“Absurd and unnecessary,” Transgender Ohioans, allies react to House passage of bathroom ban bill

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The bill would require Ohio K-12 schools and colleges to mandate that students would only be able to use the bathroom or locker room that matches up with their gender assigned at birth.

Jean Schmidt (R) who represents Ohio House District 62 is a co-sponsor of HB 183.

Jennifer Gross (R) who represents Ohio District 45 is a co-sponsor of HB 183.

Thomas Hall (R) who represents Ohio District 46 is a co-sponsor of HB 183.

Bill Seitz (R) who represents Ohio District 30 is a co-sponsor of HB 183.

Adam C. Bird (R) who represents Ohio District 63 is a Primary Sponsor of HB 183.

BY: MEGAN HENRY – Ohio Capital Journal

Transgender Ohioans and allies are outraged the Ohio House passed a bathroom ban bill at the 11th hour of a marathon session Wednesday night before going on summer break.

The bill would require Ohio K-12 schools and universities to mandate that students only be able to use the bathroom or locker room that matches their gender assigned at birth.

“Hate mongers in Columbus want to see trans and gender nonconforming Ohioans stripped of their right to exist in public spaces. They can make our lives harder, but they can’t make us not a part of this state,” TransOhio Executive Director Dara Adkison said in a statement.

Sam Shim, the parent of two transgender high school students, said his biggest concern with the bathroom ban bill is how lawmakers don’t seem to be focused on students.

“It seems like it’s a political stunt designed to help with their messaging when they go back out on the campaign trail,” Shim said. “My kids should be able to go to the bathroom without worrying about being accosted.”

Honesty for Ohio Education said this bill would harm transgender students and families.

“We are deeply disturbed that extremists in the state legislature prioritized the passing of this transphobic and hateful legislation over anything that would help Ohioans,” Christina Collins, Executive Director at Honesty For Ohio Education, said in a statement.

Trans Allies of Ohio echoed comments House Minority Leader Allison Russo, D-Upper Arlington, said Wednesday night on the House floor.

“We have school districts that can’t afford busses or find teachers, colleges that are losing students and closing their doors, and over 505,000 Ohio children going hungry every day,” Trans Allies of Ohio said in a statement. “But attacking less than 1% of the population has become a priority.”

“HB 183 is absurd and unnecessary, and the passage of this bill through the Ohio House in the late hours of the night is nothing short of targeting and bullying behavior. Our legislators make it hard to feel proud of being an Ohioan,” Jennifer Kuhn, spokesperson for Kaleidoscope Youth Center, said in an email.

Equality Ohio said the bill undermines the dignity and rights of transgender and gender diverse Ohioans.

“Across races, backgrounds, and genders, we all deserve the dignity of safely existing in public life and using the most basic of public accommodations,” Morgan Zickes, Equality Ohio’s public policy manager, said in a statement. “We saw extremists in the General Assembly resort to eleventh-hour back door legislative efforts to ensure that transgender and gender expansive Ohioans are stripped of this fundamental decency.”

Ten states have laws that limit bathroom access that correspond with gender identity in K-12 schools, according to the UCLA Williams Institute 2024 report on the impact of anti-transgender legislation on youth. An estimated 34,800 transgender students ages 13-17 live in those states.

However, those laws have been challenged in Florida, Oklahoma, Idaho and Tennessee.

How did the bill pass?

The bathroom ban bill (House Bill 183) was favorably voted out of the House Higher Education Committee in April, but wasn’t on the agenda for Wednesday’s House session — the last one before lawmakers went on summer break.

House Republicans used Senate Bill 104, which revises the College Credit Plus Program, as the vehicle to pass the transgender bathroom ban.

Rep. Adam Bird, R-New Richmond, one of the sponsors of H.B. 183, introduced the amendment that ended up weaving his bill into S.B. 104. Because of the changes, the bill now goes back to the Senate to concur.

TransOhio called adding H.B. 183 to S.B. 104 an “underhanded move” that “undermines the legislative process.”

Since the lawmakers are on summer break, the bill likely won’t go before the Senate until the fall.

“When the Senate returns from summer recess we urge everyone to pressure the Senate to not concur, and for the Governor to veto,” Adkison said in a statement. “HB 183 is not law today, nor should it ever become so.”

Transgender bills in Ohio

There are a handful of transgender bills at various spots on the way to becoming a law.

Ohio’s gender-affirming care ban for trans youth (House Bill 68) is the closest to becoming law, but is currently tied up in court. A Franklin County judge placed a temporary restraining order on the bill that will be in effect until the conclusion of a July hearing.

House Bill 8 has also seen movement in the General Assembly lately and it would force educators to out a student’s sexuality to their parents, require public schools to inform parents about sexuality content materials ahead of time and give them the option to request alternative instructions.

H.B. 8 passed the House last year and just had a fourth hearing in the Senate Education Committee.

Follow OCJ Reporter Megan Henry on X.

MEGAN HENRY

Megan Henry is a reporter for the Ohio Capital Journal and has spent the past five years reporting in Ohio on various topics including education, healthcare, business and crime. She previously worked at The Columbus Dispatch, part of the USA Today Network.

Ohio Capital Journal is part of States Newsroom, the nation’s largest state-focused nonprofit news organization.

MORE FROM AUTHOR

Jun 29, 2024
Ohio House passes transgender bathroom and locker room ban for K-12 schools and colleges

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House Bill 183 was added to Senate Bill 104 as an amendment on the House floor late Wednesday night, then S.B. 104 passed as amended with a 60-31 vote.

BY: MEGAN HENRY – Ohio Capital Journal

The Ohio House passed a bill late Wednesday night amid its last session before going on summer break that would ban transgender students from using the bathroom and locker rooms that match up with their gender identity.

House Bill 183 was added to Senate Bill 104 as an amendment on the House floor Wednesday night, then S.B. 104 passed as amended with a 60-31 vote. All House Democrats who were present voted against the bill. Republicans Jamie Callender and Gayle Manning also voted against the bill.

State Sen. Jerry Cirino, R-Kirtland, introduced Senate Bill 104, which revises the College Credit Plus Program.

The bill heads back to the Senate to concur, but the lawmakers are now on summer break.

What is in H.B. 183?

State Reps. Beth Lear, R-Galena, and Adam Bird, R-New Richmond, introduced H.B. 183, which would make Ohio K-12 schools and colleges mandate that students can only use the bathroom or locker room that aligns with their gender assigned at birth.

“Boys and girls should not be in locker rooms together,” Lear said. “They should not be in bathrooms together and they should not be sharing overnight accommodations.”

Bird said school superintendents from around the state came to him saying they need this bill.

“Superintendents and school boards, they need clarity on this issue,” Bird said. “…We want to protect women and girls from assault, from intimidation.”

The bill would not prohibit a school from having single-occupancy facilities and it would not apply to someone helping a person with a disability or a child younger than 10 years old being assisted by a parent, guardian, or family member.

The American Medical Association officially opposes policies preventing transgender individuals from accessing basic human services and public facilities consistent with gender identity.

Thirty percent of LGBTQ+ students said they were prevented from using the bathroom that aligned with their gender, and 26% were stopped from using the locker room that aligned with their gender, according to Ohio’s 2021 state snapshot by GLSEN, which examines the school experiences of LGBTQ middle and high school students.

When looking specifically at transgender and nonbinary students, 42% were prevented from using the bathroom that aligned with their gender and 36% couldn’t use the locker room that aligned with their gender, according to the Ohio GLSEN report.

More than 100 people testified against the bill in the House Higher Education Committee.

Debate on the House floor

There was about 30 minutes of debate over the bathroom ban amendment before it was voted favorably out of the House.

Democrats opposing the bill said it is an attack on Ohio’s most marginalized students.

“I didn’t anticipate that we would be using the power of the state to bully transgender children and individuals today,” State Rep. Beth Liston, D-Dublin, said. “I will reiterate my concern that we continue to focus on children’s genitals rather than their education. As far as protecting girls and women, I will tell you as a woman, I do not want nor need your protection.”

State Rep. Beryl Brown Piccolantonio, D-Gahanna, said she testified against this bill back when she was the president of the Gahanna-Jefferson School Board, before she was sworn in as a legislator.

“Most egregiously, this bill needlessly targets some of our most marginalized students,” she said. “And worse than that, it targets a basic human function for which every single one of us deserves privacy. This is not what any of the children need.”

House Minority Leader Allison Russo, D-Upper Arlington, shared her frustration with Republican lawmakers for spending time on the bathroom bill when there are other pressing issues in schools such as the teacher shortage or busing issues.

“Here we are, again, I think focusing on the wrong things,” she said. “There’s so many things that need to be done in our school districts and for schools and for our students. But this body continues, over and over again, to focus on the small group of children and target and bully children. … This is what we’re spending our time and energy on. I’m sorry, but don’t tell me your school districts are coming to you begging for this. Baloney.”

Russo has three school-aged children.

“No one has talked to me about this,” she said. “This is a made up problem.”

Republicans argued the bill makes sense.

State Rep. Jena Powell, R-Arcanum, said the bathroom bill amendment is probably the most straightforward piece of legislation lawmakers will vote on for the next few years.

“This is easy,” she said. “This is simple. This should not be complicated.”

Follow OCJ Reporter Megan Henry on Twitter.

MEGAN HENRY

Megan Henry is a reporter for the Ohio Capital Journal and has spent the past five years reporting in Ohio on various topics including education, healthcare, business and crime. She previously worked at The Columbus Dispatch, part of the USA Today Network.

Ohio Capital Journal is part of States Newsroom, the nation’s largest state-focused nonprofit news organization.

MORE FROM AUTHOR

Jun 28, 2024
Transgender student bathroom ban bill passes out of Ohio House Higher Education Committee

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House Bill 183 would require Ohio K-12 schools and colleges to mandate that students could only use the bathroom or locker room that matches their sex assigned at birth.

Local Cosponsors are:

Jean Schmidt, District 62 (R)

Jennifer Gross, District 45 (R)

Thomas Hall, District 46 (R)

Bill Seitz, District, 30 (R)

BY: MEGAN HENRY – Ohio Capital Journal

A bill that would ban transgender students from using the bathroom and locker room that matches up with their gender identity passed out of the Ohio House Higher Education Committee Wednesday by a 10-5 party line vote.

State Reps. Beth Lear, R-Galena, and Adam Bird, R-New Richmond, introduced House Bill 183 which would require Ohio K-12 schools and colleges to mandate that students could only use the bathroom or locker room that matches their sex assigned at birth. It would also prohibit schools from allowing students to share overnight accommodations with the opposite sex.

HB 183 now awaits further consideration in the House, which is next scheduled to be in session April 24.

Parents, grandparents, and school superintendents asked Bird for this bill, he said.

The American Medical Association officially opposes policies preventing transgender individuals from accessing basic human services and public facilities consistent with gender identity.

HB 183 would not prohibit a school from having single-occupancy facilities and it would not apply to someone helping a person with a disability or a child younger than 10 years old being assisted by a parent, guardian, or family member.

State Rep. Gayle Manning, R- North Ridgeville, thought about bringing an amendment to the committee that would have carved colleges and universities out of the bill, but she decided against it.

“I’m hopeful we will continue to have these discussions on the removal of higher ed,” she said. “The reason being, we’re talking about adults. Universities are similar to a city with the number of students that they have. Frivolous lawsuits that will increase the cost of tuition eventually and the cost of our families.”

Manning voted in favor of the bill even though she hopes lawmakers can continue conversations to “find a better solution.”

Bird opposes taking the higher education component out of the bill.

“The reason I oppose that is because we have college credit plus in Ohio,” he said. “We seventh graders going to college, kids in high school going to colleges and in that college environment, we got to make sure they are protected.”

State Rep. Joe Miller, D-Amherst, vocalized his disdain for the bill before the committee voted.

“Here we are again … taking away school districts and colleges’ ability and their leadership to make decisions that are best for providing safe, equitable access for all Ohio students,” Miller said. “I hope that this doesn’t see the floor and doesn’t see the governor’s desk.”

More than 100 people submitted opponent testimony on HB 183 and more than 30 people submitted proponent testimony.

“We do love and care about all kids,” Bird said when asked about all the backlash the bill has received. “Me and my Republican colleagues have heard from constituents all across the state. They may not have been loud. They may not have been vocal. They may not have come with a sign to the Statehouse, but we are here representing the vast majority of Ohioans who want protections.”

Trans advocates speak out against HB 183

Transgender advocates hosted a press conference following the House Higher Education Committee to voice their opposition to HB 183.

Trans Ohio Board Member Carson Hartlage said HB 183 is harmful to all students, including cisgender students.

“Most trans non binary and gender non conforming students only begin using restrooms that align with their gender identities after they’ve experienced some form of trauma when using a restroom that aligns with their sex assigned at birth,” Hartlage said.

Thirty percent of LGBTQ+ students said they were prevented from using the bathroom that aligned with their gender, and 26% were stopped from using the locker room that aligned with their gender, according to Ohio’s 2021 state snapshot by GLSEN, which examines the school experiences of LGBTQ middle and high school students.

When looking specifically at transgender and nonbinary students, 42% were prevented from using the bathroom that aligned with their gender and 36% couldn’t use the locker room that aligned with their gender, according to the Ohio GLSEN report.

Ohio’s first openly transgender public official and member of the Gahanna-Jefferson Public Schools’ Board of Education Dion Manley shared his concerns.

“As a trans man is I’ve been going into men’s restrooms for 25 years without incident,” Manley said. “I go visit the schools on a regular basis. So these legislators want me to go into a girls restroom in the elementary school, middle school, and high school.”

Mallory Golski, civic engagement and advocacy manager at Kaleidoscope Youth Center, said how Ohio was recently at the center of history in a positive way with Monday’s eclipse.

“We’re here reflecting on how we’re at the epicenter of another piece of history,” she said. “And unfortunately, we’re at the wrong place at the wrong time. Unlike the fleeting blackout of the total solar eclipse, the history I’m talking about here today at the statehouse leaves transgender youth in the dark.”

Jeanne Ogden’s daughter would be directly impacted by this bill. Her daughter’s college classroom building does not have single-use restrooms in the building, forcing her daughter to go across the street to use the restroom.

“These kids getting bullied and yes, their mental health is suffering,” said Ogden, the executive director of Trans Allies of Ohio. “Trans people are tired. Parents are exhausted.”

Follow OCJ Reporter Megan Henry on Twitter.

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MEGAN HENRY

Megan Henry is a reporter for the Ohio Capital Journal and has spent the past five years reporting in Ohio on various topics including education, healthcare, business and crime. She previously worked at The Columbus Dispatch, part of the USA Today Network.

Ohio Capital Journal is part of States Newsroom, the nation’s largest state-focused nonprofit news organization.

MORE FROM AUTHOR

Apr 11, 2024