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Ohio Senate Approves Bill that Keeps Boys Out of Girls’ Private Spaces

Ohio just got one step closer to keeping male and female private spaces separate after the Ohio senate passed SB104, which includes the Protect All Students Act (PASA), on Wednesday. This bill, which is on its way to Republican Governor Mike DeWine for review, is designed to keep spaces such as bathrooms, locker rooms, and overnight accommodations free from the co-mingling of males and females in schools.

This bill applies to public schools, grades K-12, as well as higher education institutions. The Washington Times pointed out, however, that it does “not apply to school employees, emergencies or people helping young children or those with disabilities, and schools would still be able to provide single-use and family bathroom facilities.” The legislation has already faced both cheers and opposition.

Among those celebrating SB104’s advancement is Sen. Jerry Cirino (R-Ohio), who insisted that the bill is focused on establishing “safety and security.” The Center for Christian Virtue (CCV) also expressed their support of the legislation. “[This] is a huge victory for children and families in Ohio,” said CCV Policy Director David Mahan in a statement. “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.”

Many have called on DeWine to sign the bill. The Times added that while “the governor has said he’s inclined to sign the bill … [he] will conduct a legal review first.” However, DeWine is also facing pressure from LGBT activist groups and individuals who have called on him to oppose. The American Civil Liberties Union (ACLU) of Ohio, for instance, claims it would violate the privacy of LGBT-identifying Ohioans.

Jocelyn Rosnick, ACLU’s policy director, described the bill as a “cruel invasion of students’ rights to privacy.” She said in a statement: “If allowed to go into effect, SB 104 will create unsafe environments for trans and gender non-conforming 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.” State Senator Nickie Antonio (D) also vocalized her opposition to the bill. Apparently, she’s “in disbelief that this is a top priority on our first session back from recess.”

In her opinion, “This bill is not about bathrooms. It’s about demonizing those who are different.” But on Wednesday, State Rep. Adam Bird (R) who sponsored PASA stated, “This legislation has always been about protecting students, and I think that’s something we should all be able to agree on. Many Ohioans don’t want their local schools to allow opposite-sex access to restrooms or locker rooms. The Protect All Students Act will provide clarity and a unified approach for school leaders statewide.”

Family Research Council’s Meg Kilgannon took a similar stance. As she told The Washington Stand, “The women of Ohio and women everywhere deserve to know that their bathrooms and locker rooms are just that — for women and girls and the young children they care for.” She believes “Governor DeWine should have no problem signing this bill.”

Kilgannon concluded, “Given the results of the 2024 elections, and the amount of messaging around gender identity during the campaign, politicians should embrace the chance to prove they are for the safety and security of women and girls.”

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