Transgender student bathroom ban bill passes out of Ohio House Higher Education Committee

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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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