Following in the footsteps of 38 other states, Ohio Governor Mike DeWine recently passed SB 104, a bill that prohibits transgender and gender non-conforming people from using the bathroom best aligning with their gender identity in schools.
The “Protect All Students Act” was signed into law on November 13 and will take effect on February 25, 2025. What does this mean for LGBTQ+ youth? It affects students and applies to any person in any school, K-12, and any institution of higher education, such as colleges.
The bill says that schools must designate restrooms accessible by multiple students at once either as strictly for people of the “male biological sex” or strictly for people of the “female biological sex.”
It also says, “No school shall construct, establish, or maintain a multioccupancy facility designated as nongendered, multi-gendered, or open to all genders.”
While SB 104 (pages 28-30) outlines what they expect of transgender people in schools, it fails to outline many other things, such as how to enforce such a law, what punishment for breaking this law would look like, and specific exceptions for transgender people who may pass well as a cisgender person, have changed the gender markers on their birth certificate, or have had any gender reassignment surgeries. Examples of available surgeries include a Phalloplasty, a Penile inversion vaginoplasty, or a Double Incision Mastectomy.
When asked about Sinclair’s plans regarding SB 104, Scott Marshall, Director of External Relations of the President department of Sinclair, said, “Our administration and legal counsel are currently reviewing the final version of SB 104 and its potential impact on established college procedures and processes.”
“Sinclair has long been committed to fostering an inclusive, respectful environment for all students, staff, and visitors, and we will continue to work to ensure that our signage and accommodations meet the needs of our Sinclair community and remain compliant with all applicable state and federal laws.”
He also says, “Please note this statement is directed from the Office of the President, not the College Board.”
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Assuming Sinclair chooses to enforce this bill somehow, this will cause many issues in the community. Many transgender people already try their best on a day-to-day basis to pass as their gender identity. “Passing” refers to what gender someone is perceived as. With this bill in place, a transgender man would have to use the women’s restroom, even if he has been on testosterone, has had a double mastectomy, and has had a Phalloplasty.
However, other states, such as Utah, have exceptions in a place where a transgender person who has had bottom surgery may use the bathroom of their choosing, which means a trans man with a penis would be allowed to use the men’s restroom, which is not the case in Ohio.
Because of SB 104, there will be much confusion and many basic misunderstandings throughout campus while transgender people, passing or not, would like to mind their own business while peeing simply. Interactions such as these that occur in bathrooms sprout chronic seeds of anxiety in many transgender people, leading to them avoiding using any public restroom even when nature is calling.
This can lead to serious health problems. Avoid having to pee ties hand in hand with consuming less liquid, which results in dehydration. Dehydration is dangerous for anyone and can lead to severe health complications such as UTIs, kidney stones, and even kidney failure.
It does not help that people in the LGBTQ+ community, as a minority, have less access to health care than the average American. Sure, if a transgender person needs to use a bathroom, they could go home, but that is not a realistic ability for most people in general. Does any of this sound accessible?
It is good to remember that transgender people, both on and off campus, are human too. They have the exact needs as everyone else. Should they be prohibited from eating? Having a roof over their head? Or even using the bathroom that they prefer?
By the time this New Bill becomes effective, there will already be confusion about what will be the consequence of breaking such a law; however, through it all, it is better to keep in mind that transgender people are human, and they deserve the same treatment as everyone else.
Esperance Amuri, Online Editor and Atticus Fries, Executive Editor