On May 23, 2023, two Ohio House Republicans introduced House Bill 183 to legally mandate that Ohioans use the bathroom that corresponds with their sex assigned at birth.

The bill, as proposed by Rep. Beth Lear (R-61) and Rep. Adam Bird (R-63), states that all K-12 schools, chartered nonpublic schools, colleges and universities shall ban individuals from using “restrooms, locker rooms, changing rooms, and shower rooms” that are not consistent with “the sex listed on [the] person’s official birth record” with exceptions for single-person, co-ed facilities. The legislation also “prohibits public and chartered nonpublic schools and ESCs from permitting members of the female biological sex to share overnight accommodations with members of the male biological sex.”

“Bathroom bills” are not unique to Ohio and can be seen in multiple iterations across America with states like North Carolina, Idaho, Iowa and Arkansas all passing similar bills since 2016, each with their own merits and limitations. However, for Bird, there are a few reasons he introduced the bill, one of the primary ones being safety.

“I’ve been very clear about why I introduced this bill,” Bird told The Carroll News. “It’s an issue of safety. We have a lot of people who feel unsafe in restrooms, specifically girls when a biological male comes into their personal space.”

Bird says that, as both a father and a grandfather, he has “a natural inclination to protect [his] children and grandchildren.”

“Whether you’re a Republican or a Democrat, I think you want your daughter to be safe,” he said. “I believe that the vast, vast majority of Ohioans agree with me. I feel like my community has hired me to take the barbs, take the arrows, take the shots.”

While firm in his stance, he also said that he feels “compassionate” towards those who are “confused” regarding their sex assigned at birth. For him, this means holding true to the established binary.

“[Vivek Ramaswamy, one of the candidates in the hunt for the Republican nomination] said something that I agree with: it’s not compassionate to affirm someone’s confusion,” Bird elaborated. “If someone thinks they’re a girl when they’re not a girl, they’re confused.”

Testimony by Lear during a hearing by the House’s Higher Education Committee on Oct. 4 reaffirms this sentiment. She writes that her concern for the welfare of children is at the heart of the bill and that progressive education is “contributing to the growing anxiety among our youth.”

“Affirming confusion is not compassion” the testimony reads. “In fact, encouraging gender confusion puts all students at risk. Children’s brains are being forced to consider issues that are too complex for many adults…The world is upside down and our institutions are making our kids worse.”

Supporters of the bill echo these thoughts. Kelly Kohls, President of Ohio School Board’s Leadership Council’s Board of Directors, testified on the floor of the House’s Higher Education Committee that girls are afraid to use the restroom “because they see themselves as prey.”

Brendan Shea, an Ohio State Board of Education member, said that teaching “children that the world should conform to their subjective identity or preference” will make them “bitter and miserable.”

For the opposition, safety is also a concern; the safety of the LGBTQ+ community. During the Oct. 4 hearing, committee ranking member Rep. Joe Miller (D-53) stated that it “sounds like the issue is we don’t believe trans people have rights in this state.” Rep. Dontavius Jarrells (D-1) shared a worry that this could bleed into further discrimination outside of restrooms.

In a subsequent hearing held on Oct. 11, Scott DiMauro, Ohio Education Association President, testified against the bill on multiple grounds, he said “bathroom bans like HB 183 make transgender people less safe, lead to more bullying and harassment of transgendered students, and do not increase safety for cisgender students.” He also noted how the legislation conflicts with a previous Supreme Court decision and that it directly violates Title IX on the basis of gender identity and sexuality discrimination.

“I think that largely [that] position is grounded in fear and there is little evidence, if any, that I’ve seen that actually raised questions about safety,” DiMauro told The Carroll News. “What I think is more clear is that we’re concerned about the safety of all students, students who are really targeted for discrimination. There’s a lot more evidence that says that people in the LGBT community have reason to feel unsafe.”

DiMauro said that, as he talks with more students, concerns continue to arise that “they won’t feel safe anywhere.” This boils over into the educational system and how it impacts the school environment.

“What we believe as an organization is that all students need to have access to a quality education, regardless of their race, or their gender, or their sexual orientation, or their gender identity,” he continues. “Our educational system needs to equally serve everyone and that includes making sure that we are respecting the needs of students who may identify as transgender.”

While other bills regarding gender identity and sexuality do not impact private universities, Bird says that HB183 as written will influence schools like John Carroll. For him, “it’s important that we protect people, whether you’re in a public school environment or private school environment.”

“Right now, it does include private universities,” said Bird. “Through the committee process and talking to the chair of that committee talking to my sponsor, we’re talking about whether that needs to stay or not.”

Yub Kim, a graduate assistant for the Center for Student Diversity Inclusion, is worried that queer students are being “weaponized for a politician’s agenda.”

“I feel like this bill is just another scare tactic from politicians,” Kim said. “If he wants to check on our system and how lawful it is, he can do that, but don’t use other people’s rights. Don’t weaponize and don’t operationalize trans folks… I want the transgender students at JCU to know that their existence is valid.”

Naomi Sigg, Vice-President for Student Experience and Campus Belonging at JCU, said that although the bill is written to impact private schools, she is certain John Carroll will continue to provide accommodations for those students who need them. This looks a lot like working to provide more single-stall restrooms around campus, something for which HB183 still allows. However, she also says that John Carroll will not be creating a “monitoring” system to ensure that students enter the restroom that they are assigned at birth.

“We don’t currently, nor would we, if this bill would have passed, be creating a monitoring system,” Sigg said. “We don’t do that today and we’re not going to do that. I think that’s one area that we can feel good about is that we just don’t have that in place.”

Currently, HB183 is in the House Higher Education Committee with hopes from Bird that it will be on the chamber’s floor before Christmas. Until then, the bill will continue to be reviewed in committee and both detractors and supporters are encouraged to contact their representatives and make their voices heard.