Transgender students from kindergarten to college in Ohio public and private schools will be prohibited from using multiperson bathrooms that correspond to their gender identities, according to a bill signed by Republican Gov. Mike DeWine on Wednesday.
Democrats, teachers’ unions, and civil rights groups objected to DeWine signing the measure out of public view on Tuesday, hoping that his objections to a restriction on gender-affirming care for kids last year would be heard and cause another veto. It takes effect in 90 days.
The governor made no statement about the signing.
The Republican-backed “Protect All Students Act” requires public and private schools, colleges, and universities to designate separate bathrooms, locker rooms, and overnight accommodations “for the exclusive use” of either males or females, based on one’s gender assigned at or near birth, in school buildings and other facilities used for school-sponsored events. It has no enforcement mechanism.
“It revolves around safety, security, and, I think, common sense. It protects our children and grandchildren in private spaces where they are most vulnerable,” said Republican Ohio state Sen. Jerry Cirino, the bill’s sponsor.
School employees, emergency personnel, and those supporting young children or individuals with disabilities are excluded from the limitations, and schools can continue to provide single-use or family restrooms.
Aaron Baer, president of the Center for Christian Virtue, which supported the bill, said in a statement that “common sense is on a winning streak in America today.” No student should be forced to use a toilet or locker room with a student of the opposite gender, and Ohio’s children are now better protected thanks to Governor DeWine’s decision to sign this law.”
The ACLU of Ohio was among those who advocated for a veto, describing the proposal as a breach of LGBTQ+ Ohioans’ right to privacy that will make them less protected.
According to Equality Ohio, the state’s LGBTQ+ advocacy and legal aid organization, the law endangers transgender adolescents “or anyone perceived as transgender by authorities.”
“We are deeply disappointed that Governor DeWine has allowed this dangerous bill to become law that puts vulnerable trans youth at risk for abuse and harassment,” Executive Director Dwayne Steward said in a statement. The group said it will continue to fight “for a state that embraces and respects all its residents.”
With DeWine’s signature, Ohio joins many Republican officials nationwide, including President-elect Donald Trump, in opposing transgender people’s increased visibility and acceptability on several fronts in recent years.
Twenty-six states have now passed legislation reinstating or prohibiting gender-affirming care for transgender adolescents. The United States Supreme Court is set to hear arguments on Dec. 4 on whether Tennessee’s ban on such treatments may be enforced; any decision is likely to have an impact on policy in other states.
At least 11 states, including Ohio, have passed legislation prohibiting transgender girls and women from using girls’ and women’s restrooms in public schools and, in some situations, other government facilities.
And at least 24 states have laws dictating which sports competitions transgender girls and women can join.
Ohio’s bathroom bill was debated for 19 months before finally clearing the GOP-led Legislature on Nov. 13, during Transgender Awareness Week. It was tacked onto a separate piece of legislation by the Ohio House that related to the state’s College Credit Plus program, which allows high-schoolers to earn college credit.
Trump’s campaign leaned heavily into opposing transgender rights in the last weeks of his race against Vice President Kamala Harris, including Trump’s vow at a Madison Square Garden rally that “we will keep men out of women’s sports” and campaign ads saying, “Kamala’s for they/them. President Trump is for you.”
It’s not clear what policies Trump might adopt once he takes office in January. But laws relating to gender concerns are already being lined up in state legislatures that come into session early in 2025.
In Texas, for instance, there are proposed measures to bar using state money to pay for “gender reassignment,” to use state money to pay to reverse gender transitions, and to give people who receive gender-affirming care before they turn 15 until they turn 25 to sue their doctors for malpractice, among others. Democrats in the Republican-controlled legislature have also sponsored laws aimed at protecting persons from discrimination based on “gender identity or expression.”
In Ohio, a law that prohibits gender-affirming care for minors as well as transgender girls and women from competing in girls’ and women’s sports went into effect in August. However, it traveled a hard journey. The bill became law only when the legislature overturned DeWine’s veto. Following that, a judge halted enforcement for approximately four months before authorizing it.