On Wednesday, the Ohio state Senate passed Senate Bill 104, a transgender bathroom ban for all students in the state, including those in higher education.

The bill, entitled the “Protect All Students Act,” passed 24-7, with the vote being entirely party-line.

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The bill heavily restricts the ability of trans people to use bathrooms they identify with

“A school shall designate each student restroom, locker room, changing room, or shower room that is accessible by multiple students at the same time, whether located in a school building or located in a facility used by the school for a school-sponsored activity, for the exclusive use by students of the male biological sex only or by students of the female biological sex only,” says the bill text.

The bill will go to Governor Mike DeWine’s (R) desk to either be signed or vetoed. He is expected to pass it, although according to the Associated Press will conduct a legal review first.

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The ban does not apply to school faculty, children under 10 needing familial assistance, or people with disabilities.

The bill does not rely on a definition of gender but rather of biological sex, which it defines 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.”

It does not mention or make exceptions for intersex individuals, who do not fit into biological sex categories neatly.

The bill has strong backing from the Ohio Center for Christian Virtue. “Today is a huge victory for children and families in Ohio,” the group’s policy director, David Mahan, said in a statement, where he also called the law “common-sense legislation.”

Jocelyn Rosnick, Policy Director for the American Civil Liberties Union of Ohio, said in a statement: “We are incredibly disheartened by the Ohio General Assembly’s continuous attacks against transgender and gender non-conforming individuals across Ohio. Senate Bill 104 is a cruel invasion of students’ rights to privacy, which could result in unwarranted governmental disclosures of private, personal information.”

“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. All Ohioans deserve to access the facilities they need, in alignment with their gender identity, without fear of harassment or bullying. The ACLU of Ohio remains steadfast in our commitment to standing with trans Ohioans and is closely considering next steps.” 

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