Ohio Senate Passes Single-Sex Bathroom Bill
BY MATT URBAS
STATEWIDE - The Ohio Senate passed Senate Bill 104 in legislative session today, which combined a previously-passed revision to the College Credit Plus program with House Bill 183, which requires bathrooms, changing rooms, lockers, and other such facilities designed for multiple users to be designated for a single sex at Ohio's schools, colleges, and universities.
Originally introduced by Representatives Beth Lear (R-Galena) and Adam Bird (R-New Richmond), HB-183, dubbed the “Protect All Students Act,” had five hearings in the House over the course of 7 months, but was never called for a vote by the chair of the House Higher Education Committee Tom Young. Concerned that the bill was being surreptitiously killed by House Speaker Jason Stephens, Republicans moved to amend the language of the bill into the College Credit Plus bill during the final House session before the summer recess, and passed it with nearly unanimous support from their present caucus (the only no votes coming from Jamie Callender (R-Concord) and Gayle Manning (R-North Ridgeville).
After the summer recess and the ensuing election season, both the House and Senate are getting back to legislative business before the term ends at the end of the year. The Senate was the first to return to the floor, and the House’s amendments to SB104 were taken up today for the Senate to either concur with or reject the changes.
“Ohioans and Americans don’t want boys in girls’ sports, they don’t want boys in girls’ locker rooms, they don’t want boys in girls’ bathrooms. It’s for the safety of the kids. And this message was sent loudly last week in the national election. I say we listen,” said Senator Kristina Roegner (R-Hudson) on the floor.
“There’s been a lot of misinformation and a lot of fearmongering in the past months about a specific group of very misunderstood, marginalized, maligned group of people who exist. Transgender people exist,” said Senator Nickie Antonio (D-Lakewood) in opposition to the bill. “Somewhere there’s a line between being compassionate and understanding, and being concerned about safety. There are ways to do that. Some of it starts with having the school administrators and the authorities in schools make the decisions, because they’re the experts.”
The bill does not prohibit a school from providing accommodations in special circumstances upon student request, such as single-occupancy facilities that could be used by both sexes, or controlled access to faculty facilities.
Similar bills passed in other states have been met with legal challenges. The 9th Circuit Court of Appeals temporarily blocked enforcement of Idaho’s Senate Bill 1100 in 2023, hearing arguments on the case in May of 2024.
“Is it possible that this is going to end up in some litigation? Probably. But a lot of good legislation does end up in litigation, and maybe the courts will ultimately settle this,” said Senator Andrew Brenner (R-Delaware). “But for now, and here today, I support this legislation.”
The Senate passed the amended bill 24-7, on party lines. The bill now heads to the Governor Mike DeWine’s desk to either be signed into law or vetoed. In late 2023, DeWine vetoed a bill that guaranteed single-sex sports teams and prohibited gender reassignment surgeries and hormone therapy on minors in the state. The General Assembly overrode that veto in January.
“Let’s hope he doesn’t veto this one like he did with the women’s sports and child mutilation bill,” wrote women’s advocate Riley Gaines on X.
A veto decision must come within ten days of the bill being passed. The Senate acting on this bill in their first session from break means the legislature will have time to bring the bill back to the floor for an override vote should DeWine decide to veto the bill.
