Enforcement of Ohio's new "bathroom bill" appears unclear
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A new Ohio law banning transgender students from using bathrooms that match their gender identity goes into effect in February, but its enforcement appears murky.
Why it matters: The law is part of a wave of anti-trans legislation at the state and federal levels that includes measures aimed at bathrooms, pronoun usage and youth sports.
- Education and advocacy groups fear the effect it will have on students.
State of play: Gov. Mike DeWine signed the "bathroom bill" into law shortly before Thanksgiving.
- It requires multi-occupancy restrooms and locker rooms to be designated by gender and only used by anyone with the "biological sex" matching "clear signage."
What they're saying: In a statement, Reps. Beth Lear (R-Galena) and Adam Bird (R-New Richmond) thanked DeWine and said the law "will keep our children safe from exposure to the opposite sex while in private spaces."
The other side: The law has been condemned by a variety of civil rights and LGBTQ organizations, including Equality Ohio, Human Rights Campaign and the ACLU of Ohio.
Between the lines: The law does not mention enforcement or penalties for noncompliance, which Ohio Education Association president Scott DiMauro says is leading to "more confusion" and "suspicion and paranoia."
- "I just worry about how, as a practical matter, this is going to play out," DiMauro tells us. "We'll see what happens, but there's no clear enforcement mechanism in this bill, which could potentially be a double-edged sword."
- Bird told the Cincinnati Enquirer that lawmakers wanted schools to develop their own enforcement policies."I don't expect any school to post a policeman outside of every single restroom," he said.
Zoom in: Under current Columbus City Schools policy, principals work with transgender students to allow for use of their preferred bathrooms or separate single-occupancy facilities.
- Spokesperson Tyler Carter tells us the district "will be working to adapt pertinent board policy to comply with state regulations."
"Threat level: Transgender students are disproportionately at risk of bullying, mental health struggles and suicide, and critics of the law say it exacerbates those concerns.
- "There's an awful lot of fearmongering behind the passage of this bill," DiMauro tells us. "But the people who I think are most in fear right now that I'm hearing about are parents of transgender students and those students themselves."
- The OEA, which represents about 120,000 teachers and staff across all Ohio counties, is still "studying" the law and has yet to issue guidance.