Ohio has become the latest state to require students to use bathrooms and other private, single-sex spaces that correspond to their biological sex.
Republican Governor Mike DeWine signed Senate “Bill 104” into law last Wednesday. The bill implements “the Protect All Students Act regarding single-sex bathroom access in primary and secondary schools and institutions of higher education,” according to a statement from DeWine's office.
DeWine's approval followed the bill's passage in the Republican-controlled Ohio House of Representatives with a 60-31 vote, as well as its clearance in the Ohio Senate with a 24-7 vote.
SB 104 mandates that schools “designate each student restroom, locker room, changing room, or shower room that is accessible by multiple students at the same time […] for the exclusive use by students of the male biological sex only or by students of the female biological sex only.”
The legislation further asserts that “no school shall permit a member of the female biological sex to use a student restroom, locker room, changing room, or shower room that has been designated by the school for the exclusive use of the male biological sex” and that “no school shall permit a member of the male biological sex to use a student restroom, locker room, changing room, or shower room that has been designated by the school for the exclusive use of the female biological sex.”
It also states, “No school shall permit a member of the female biological sex to share overnight accommodations with a member of the male biological sex. No school shall permit a member of the male biological sex to share overnight accommodations with a member of the female biological sex.”
The passage of this legislation responds to concerns regarding trans-identified males using girls' restrooms, locker rooms and sharing overnight accommodations with female students during school field trips.
Ohio has joined a group of 12 states that prohibit trans-identified youth from using bathrooms and sex-segregated spaces that correspond with their stated gender identity in K-12 schools. The other states include Alabama, Arkansas, Idaho, Iowa, Kentucky, Louisiana, Mississippi, North Dakota, Oklahoma, South Carolina, and Tennessee.
Additionally, Florida and Utah require trans-identified individuals to use sex-segregated spaces that align with their biological sex in all government-owned facilities, not limited to K-12 schools.
DeWine's signing of Senate Bill 104 comes at a time when polling conducted after the 2024 presidential election indicated that an excessive focus on LGBT-related issues negatively impacted Democratic presidential nominee Vice President Kamala Harris in her unsuccessful campaign.
A report from the polling firm Blueprint highlighted that 78% of swing voters who chose President-elect Donald Trump over Harris cited the belief that Harris was “focused more on cultural issues like transgender issues rather than helping the middle class” as a reason for their vote.
