Ohio governor signs bill restricting trans students' school bathroom use

Ohio Gov. Mike DeWine signed a bill Wednesday banning transgender students from using school restrooms that align with their gender identities. The Republican-majority state Senate pushed forward SB 104, also known as the “Protect All Students Act,” in a 24-7 party-line vote.

“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 vice versa, the bill reads.

The bill defines “biological sex” as the “biological indication of male and female, including sex chromosomes, naturally occurring sex hormones, gonads, and nonambiguous internal and external genitalia present at birth, without regard to an individual’s psychological, chosen, or subjective experience of gender.” The bill adds that a birth certificate may be used as proof of biological sex if it was “issued at or near the time of the individual’s birth.”

SB 104 applies to Ohio’s public K-12 schools, as well as colleges and universities. Other states have passed laws that seek to regulate which restrooms trans people can use, as well, including Alabama, Arkansas, Florida, Idaho, Iowa, Kansas, Kentucky, North Dakota, Oklahoma, Tennessee and Utah.

The bill also mandates that Ohio schools cannot have restrooms or locker rooms that are open to all genders, excluding family facilities or single-occupancy facilities. Exceptions to the bill include children under 10 who are being assisted by family members, school employees whose job duties require them to enter all restrooms or people with disabilities who are being assisted.

DeWine, a Republican, conducted a legal review before he signed the bill, according to The Associated Press.

The American Civil Liberties Union condemned SB 104 in a statement after it passed in the state Senate, deeming it “anti-trans” and urging DeWine not to sign it.

“If allowed to go into effect, SB 104 will create unsafe environments for trans and gender non-confirming individuals of all ages. This bill ignores the material reality that transgender people endure higher rates of sexual violence and assaults, particularly while using public restrooms, than people who are not transgender,” Jocelyn Rosnick, policy director for the ACLU of Ohio, said in a statement.

Senate Democratic leader Nickie J. Antonio urged DeWine to veto the bill in a letter published Nov. 15.

“Sponsors of the legislation declare that the bill is about safety. However, this bill does nothing to make anyone safer. Instead, it will make trans people less safe and fail to increase the safety of all students,” Antonio wrote. “There’s a line between being passionate and understanding and being concerned about safety. Given that trans kids already face discrimination and bullying in schools, this bill could exacerbate the issue.”

The Center for Christian Virtue, which describes itself as Ohio’s largest Christian public policy organization, had called on DeWine to sign the bill, hailing it as preserving privacy.

“Today is a huge victory for children and families in Ohio. Amended SB104 is common-sense legislation that will guarantee the only people entering young ladies’ private spaces are female, not men claiming to be female,” the organization’s policy director, David Mahan, said in a statement after the Senate passed the bill.

Mahan did not specify whether a man claiming to be female has ever entered a women's restroom in Ohio, and he did not respond to requests for comment.

There is no evidence that letting transgender people use public facilities, like restrooms, that align with their gender identities increases assaults or privacy violations, according to a 2018 study published in the journal Sexuality Research and Social Policy. Another study, published in the journal Pediatrics in 2019, found that transgender youths are at higher risk of sexual assault when they are not allowed to use restrooms that fit their gender identities.

Ohio House Republicans attached the legislation about restrooms to proposals regarding report card data for Ohio’s college credit program for high school students.

Melanie Willingham-Jaggers, the executive director of GLSEN, which advocates for LGBTQ students, condemned the law in a statement following DeWine's signature.

“Extremist politicians are panicking because transgender students exist," Willingham-Jaggers said. "Bathroom bans do not work: they isolate transgender youth, exacerbate harassment and unsafe conditions, and encourage schools to engage in harmful and stigmatizing gender-policing at the bathroom door."

This article was originally published on NBCNews.com