GLSEN Denounces Passage of Ohio Law Targeting Trans Students Bathroom Use

WASHINGTON, D.C. (November 27, 2024) GLSEN - the leading national organization working on LGBTQ+ inclusion in K-12 education - condemns Governor Mike DeWine's (R-OH) decision to sign SB 104 into law. SB 104 includes a bathroom ban provision that prohibits the more than 8,500 transgender K-12 students in Ohio from using restrooms and locker rooms consistent with their gender identity, as well as at colleges and universities. The bathroom ban provision was attached to a noncontroversial bill on the college credit plus program, bypassing the normal legislative hearing process.

Ohio will now be the fourteenth state to implement a bathroom ban in schools, and the fifth state this year (after Utah, Mississippi, Louisiana, and South Carolina). Even before this law, GLSEN's National School Climate Survey showed that 42% of transgender and nonbinary students in Ohio were prevented from using restrooms that align with their gender identity. Discriminatory policies contribute to hostile environments in school, with 60% of LGBTQ+ students in Ohio reporting verbal harassment due to their gender expression and 32% reporting physical harassment or assault. Nationally, LGBTQ+ students report a 65% lower likelihood of experiencing discrimination if their school has a policy allowing restroom use consistent with their gender identity. SB 104 notably prevents schools from constructing all-gender multi-occupancy facilities, which have been recommended by the International Plumbing Code since 2021 as a method to conserve space and promote accessibility while ensuring privacy for all users.

Champions of this discriminatory policy have overlooked the harmful impacts it will have on transgender and nonbinary youth. Only 46% of transgender and nonbinary students attend a school with a gender-neutral bathroom, and avoidance of bathrooms at school can result in physical and physiological distress. Transgender and nonbinary youth are more likely to be sexually assaulted when forced into facilities that are inconsistent with their gender identity, and transgender and nonbinary students without access to a gender-neutral bathroom at school are 67% more likely to attempt suicide. There have been several high-profile assaults of transgender youth when bathroom bans were in place, including the assault of Oklahoma student Nex Benedict one day before their suicide in February 2024.

Two neighboring federal appellate courts have ruled that bathroom bans violate federal law and equal protection - Grimm v. Gloucester County School Board in the Fourth Circuit and Whitaker v. Kenosha Unified School District in the Seventh Circuit.

The following statement is from GLSEN's Executive Director, Melanie Willingham-Jaggers (they/she):

"Extremist politicians are panicking because transgender students exist. Instead of facing public scrutiny for endorsing state-sponsored bullying of transgender youth, the Legislature slipped a discriminatory bathroom ban into an otherwise noncontroversial bill to avoid pushback and impose mandates that limit schools and universities from best serving the needs of their diverse student populations. 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. GLSEN will continue to fight such problematic policies and push for a future where every child is fully included in their school community.

"Last year, Governor DeWine met with trans students and, after hearing their concerns, vetoed discriminatory policies that would have harmed students' health and inclusion in schools. We are disappointed the Governor did not consider these perspectives today. Marginalized communities are looking for real leadership to ensure that all students are given the opportunity to learn and succeed at school. Today's passage of this law is a monumental failure in supporting students and a blight on Ohio's record as a state of opportunity."

ABOUT GLSEN

GLSEN, the nation's largest advocate for LGBTQ+ issues in K-12 education, has been dedicated to establishing inclusive schools and learning environments for over 34 years. Amidst increasing threats against LGBTQ+ youth nationwide, GLSEN actively addresses harassment and discrimination by empowering educators, advocating for policy changes, and combating book bans through its Rainbow Library Program, which provides LGBTQ+ affirming literature to over 6 million students across 30 states.