Columbus, Ohio — A new legislation in Ohio, recently signed into law by Governor Mike DeWine, mandates that transgender students from kindergarten through college use bathrooms corresponding to their sex assigned at birth rather than their gender identity. The law, dubbed the “Protect All Students Act,” aims to establish separate facilities for male and female students in both public and private schools.
This controversial measure has sparked considerable debate, arriving closely on the heels of another Ohio law that prohibits gender-affirming medical care for minors. These laws are part of a broader wave of similar legislation being enacted across various states in the country.
According to Senator Jerry Cirino, one of the bill’s sponsors, the justification for this law revolves around the themes of safety, security, and common sense. Supporting the legislation, State Representative Beth Lear argued that the restrictions would shield students from potential predators and protect them from grappling with issues perceived as too complex.
However, the opposition argues that the law targets vulnerable populations. The American Civil Liberties Union of Ohio has expressed significant concerns, stating that the legislation is fundamentally anti-transgender and might foster unsafe environments for transgender and gender non-conforming individuals. They argue that denying access to appropriate bathrooms could expose transgender students to higher risks, including increased rates of sexual violence—a claim supported by a 2019 study published in the Journal of Pediatrics.
As the law was passed by the Ohio House and ratified in the Senate with a 24-7 vote, it drew quick objections from Democrats and civil rights advocates, who criticized the lack of protections and possible negative implications for transgender youths.
Ohio joins a group of at least 11 other states with similar restrictions on bathroom use by transgender women and girls, and is among 24 states that regulate the participation of transgender girls and women in women’s sports.
The “Protect All Students Act” includes certain exemptions. For instance, schools can still offer family and single-user restrooms, and exceptions are provided in cases of emergencies, for school employees, and when assisting young children. Furthermore, the law acknowledges that individuals with disabilities are exempt from these restrictions.
It’s important to note that the legislation does not specify penalties or enforcement mechanisms for violations. The law is set to take effect in February.
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