Ohio Governor Mike DeWine signed into law Senate Bill (SB) 104, adding Ohio to the list of a dozen states with restrictions on bathroom access by transgender individuals.
The law—officially, the “Protect All Students Act,” though coined the “Bathroom Bill” by many—outlines specific guidelines and restrictions for the use of restrooms, locker rooms, changing rooms, and shower rooms in Ohio schools. The law’s provisions related to facility restrictions were folded into a broader legislative package addressing students’ ability to earn college credit prior to college.
The law mandates that schools designate each multi-occupancy facility for the exclusive use of either male or female students based on their biological sex. Specifically:
- Exclusive use: Schools must designate and have proper signage identifying restrooms, locker rooms, changing rooms, and shower rooms for exclusive use by students of the male biological sex or female biological sex.
- Prohibition on cross-sex use: Schools are prohibited from allowing students of one biological sex to use facilities designated for the opposite biological sex.
- No nongendered facilities: Schools are not allowed to construct or maintain multi-occupancy facilities that are “designated as nongendered, multigendered, or open to all genders.” However, family facilities and single-occupancy facilities are permitted.
- Overnight accommodations: K–12 schools are also prohibited from allowing students of one biological sex to share overnight accommodations with students of the opposite biological sex.
Accommodations and Exceptions
The legislation does provide for certain accommodations and exceptions. The prohibitions do not apply to:
- children under the age of ten who are “being assisted by a parent, guardian, or family member”;
- persons with disabilities who are “being assisted by another person”;
- school employees whose job duties require them to enter facilities designated for the opposite biological sex; and
- persons responding to a legitimate emergency.
Implications and Reactions
The introduction of the legislation and its enactment have generated emotional reactions on both sides. Proponents argue that the law is necessary to protect the privacy and safety of students, ensuring that facilities are used in a manner consistent with biological sex. Opponents, however, argue that the law is discriminatory–a violation of both Title IX of the Education Amendments of 1972 and the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution—and fails to recognize the rights and identities of transgender and nonbinary students. Concerns have been expressed that the law could lead to increased stigmatization and mental health challenges for these students.
