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Parents of transgender kids worried after Ohio House passes K-12, college bathroom ban

Court Rules That Transgender Students Can Use The School Bathroom That Matches Their Gender Identity
Posted at 11:25 PM, Jun 27, 2024

COLUMBUS, Ohio — Parents of LGBTQ+ teens are worried about their kids' safety after the Ohio House passed a bill banning transgender students from using the bathrooms that align with their identity.

"I worry about the safety of my kids every day," Sam Shim, parent of two transgender teens, said.

Both of his kids are in high school — and he is worried about how the newly passed bill will impact their lives.

"Kids like my own are going to be targeted even more so and they're going to be alienated," Shim said.

State Reps. Adam Bird (R-New Richmond) and Beth Lear (R-Galena) introduced House Bill 183, which requires all public schools and all colleges to mandate that students can only use the bathroom or locker room that matches their sex and gender assigned at birth.

"Many Ohioans are wondering why we even have to do a bill like this because it is such a common sense issue," Bird told me in an interview.

Close to 11 p.m. on Wednesday, H.B. 183 was added to the uncontroversial and unrelated Senate Bill 104 as an amendment on the House floor.

It passed with a 60-31 vote. All Democrats and two Republicans voted against the bill. State Rep. Jamie Callender (R-Concord), who voted no, is known for not supporting legislation that LGBTQ+ advocates call discriminatory. He was joined by Gayle Manning (R-North Ridgeville). State Rep. Brett Hillyer (R-Uhrichsville) didn't vote — however, he has typically opposed anti-LGBTQ+ legislation. Everyone else was either out of the room or absent that day.

RELATED: Ohio House passes transgender bathroom and locker room ban for K-12 schools and colleges

State Rep. Adam Bird says he introduced the bill in the name of public safety.

"We want to protect women and girls from assault, from intimidation," Bird said while giving a speech on the floor.

Supporters have brought up several cases from around the country where cisgender women felt uncomfortable by a transwoman in the locker room with them.

"There are concerns about community standards and people across Ohio do not want biological males in female restrooms," Bird said.

However, there is no evidence of safety risks by letting trans people use facilities that align with their identity, a study from UCLA found. Also, it's actually the transgender teens who face a greater risk of sexual assaults in schools that prevent them from using their choice of bathrooms, the American Academy of Pediatrics reported.

Bird said after hearing feedback from community members, he added some exceptions:

  • Children under 10 being helped by a parent
  • An individual with a disability being helped by someone, such as a caretaker
  • A school employee who has to go into the facility, like a janitor
  • Someone who is responding to a “legitimate emergency.”

But this leaves certain schools in flux. Some college dorm floors only have a large communal bathroom, meaning there is no gendered bathroom or single-use stall on the floor. Also, some K-12 schools may not have any single stalls at all.
"This bill may require some places to do a little investing in building," Bird said. "That's not something that we put money in the bill and so they're gonna have to deal with that."

When asked why there was no money appropriated, he responded that there wasn't any "will amongst the caucus" to provide more dollars for it.

It is all about safety, so schools should want to spend money on it, he added.

"We should be protecting all Ohioans for sure," the Republican said. "And I think that there is a significant number of Ohioans who want this issue dealt with and they do not want people in a private setting, like a restroom, that should not be there."

I asked what he would say to parents like Shim who say that this isn't keeping their child safe, that this isn't protecting their child.

"I don't hate anybody and I love all of our kids and we want people to be able to use the restroom safely and with freedom," he said.

"What if they don't feel safe it would be safe for them to use the other bathroom?" I asked.

"I'm not sure how to answer that," he responded. "Everybody should be able to use the restroom safely and under this bill, I think that they will be able to. I think that there's a fair degree of probability that many schools will react to this by building one-use-at-a-time kinds of restroom facilities."

This bill also prohibits schools and universities from constructing or maintaining a multi-occupancy facility that is designated as "nongendered, multi-gendered or open to all genders."

RELATED: Ohio transgender students speak out against GOP bathroom ban bill

"My kids will feel even less safe in our school building and in the in bathrooms too," Shim said. "It doesn't just affect the bathroom, it affects the climate at schools."

Shim wasn't the only parent to talk to me about their concerns about this bill. Trans students also reached out to express their sadness, anxiety and disappointment in Ohio lawmakers.

Hear from some of them by clicking this link.

Earlier this year, Ohio lawmakers voted to override Gov. Mike DeWine's veto on legislation that would ban gender-affirming care from transgender youth and prohibit trans students from participating in athletics on teams that align with their identity. It is currently being blocked by a Republican judge in Franklin County.

We reported that more than 100 families with transgender members have made plans to leave the state after Ohio Republicans passed an override on Gov. Mike DeWine's veto of a bill banning gender-affirming care.

Over 100 trans families trying to leave Ohio amid new gender-affirming care ban

RELATED: Over 100 families with trans members trying to leave Ohio amid new gender-affirming care ban

This bill is just another blow, Shim said.

"I don't want to have to leave Ohio to complete my degree just because I can't find a place to use the restroom in a timely manner on Columbus State Campus," said Cam Ogden, a transgender woman and college student.

The bill now goes to the Senate for a concurrence vote.

"We're supposed to pass laws that are to the benefit of all in Ohio," Shim said. "But sadly, it creates a hostile environment for so many people and for so many families."