COLUMBUS, Ohio — On Wednesday, Ohio’s Republican Governor Mike DeWine signed a controversial measure that prohibits transgender students, from kindergarten through higher education, from using bathrooms that correspond with their gender identities in both public and private schools.
This legislation, branded as the “Protect All Students Act,” emerged despite strong opposition from Democrats, teachers’ unions, and civil rights organizations, who had hoped that the governor would veto the bill given his earlier stance against banning gender-affirming medical care for minors.
The newly signed bill mandates educational institutions to create distinct bathrooms, locker rooms, and accommodations strictly for males and females, determined by the gender assigned at birth. This applies not only to school facilities but also to venues utilized for school-affiliated events. However, the legislation lacks any specific enforcement provisions.
Supporters of the bill, including State Senator Jerry Cirino, emphasized that it prioritizes safety, security, and sensible practices for protecting children in vulnerable private spaces.
Critics, such as the ACLU of Ohio, argued that this measure infringes upon the privacy rights of LGBTQ+ individuals in the state and potentially compromises their safety.
The signing of this measure places Ohio within the broader national trend of Republican-led efforts pushing back against the increased visibility and acceptance of transgender individuals in recent years.
To date, 26 states have enacted laws that either restrict or prohibit gender-affirming medical care for transgender minors. The U.S. Supreme Court is scheduled to examine Tennessee’s legislation concerning such treatments on December 4, which could set significant precedents affecting similar laws nationwide.
At least 11 states, including Ohio, have passed legislation barring transgender girls and women from using female-oriented facilities in public schools, while around 24 states enforce regulations that determine the eligibility of transgender girls and women in various sports competitions.
After a lengthy 19-month debate, Ohio’s bathroom legislation was finally passed by the GOP-majority legislature on November 13 during Transgender Awareness Week. It was introduced as an amendment to an unrelated college program bill.
The subject of transgender rights became increasingly politicized during the recent presidential campaign, with Trump heavily pushing anti-transgender narratives leading up to the election against Vice President Kamala Harris.
As Trump prepares to take office in January, the specific policies he may implement regarding gender issues remain uncertain. However, state legislatures are already poised to propose various bills related to these matters as sessions resume in early 2025.
In Texas, legislators are considering measures that would prohibit the use of state funds for gender reassignment procedures and allow individuals who received gender-affirming care before turning 15 to sue healthcare providers until the age of 25. Conversely, some Democrats in Texas are introducing bills aimed at protecting individuals from discrimination based on gender identity or expression.
In Ohio, an existing law restricting gender-affirming care for minors and prohibiting transgender girls and women from participating in girls’ sports took effect in August, following a tumultuous approval process marked by an override of DeWine’s veto, subsequently hindered by a judge for several months before enforcement was permitted.