Ohio officials have made several moves lately to advance what many see as an anti-LGBTQ+ agenda. Two bills and a lawsuit have LGBTQ+ advocates and families concerned about the well-being of young people in our state, while proponents have framed the argument as a parietal and states-rights issue.

Continued Push for Anti-LGBTQ Legislation

Recent movement of two anti-LGBTQ bills in the state legislature have concerned LGBTQ communities. House Bills 8 and 183 both target LGBTQ students in schools.

According to the Ohio Capital Journal, House Bill 8 would force educators to out a student’s sexuality to their parents, require public schools to inform parents about sexuality content materials ahead of time and give them the option to request alternative instructions. House Bill 183 would ban transgender students from using the bathroom and locker room that matches up with their gender identity. 

Strong Reactions to the Bills

Education and civil rights advocates have lobbied forcefully against both bills. Honesty for Ohio Education opposes House Bill 8 because the bill creates dishonesty in education because the bill does not require a standard of medical accuracy in instructional materials and the language in the bill is harmful to LGBTQ+ students. 

ACLU Ohio also presented testimony opposing the bill. They write, “The ACLU of Ohio’s primary concern with HB 8 is the negative impact and consequences its passage will surely have for many students lives, their physical and mental health, and school staff.”

The bill’s sponsors argue the bill is about parental oversight. 

“The school district is prohibited from keeping changes in the health of the student from their parent, and the school district is also prohibited from encouraging the student to hide these issues from their parents,” Swearingen said during sponsor testimony in March. 

Ohio House Bill 183 is also opposed by multiple advocacy groups. According to the Ohio Capital Journal, The American Medical Association officially opposes policies preventing transgender individuals from accessing basic human services and public facilities consistent with gender identity.

Trans Ohio Board Member Carson Hartlage said HB 183 is harmful to all students, including cisgender students.

“Most trans non binary and gender non conforming students only begin using restrooms that align with their gender identities after they’ve experienced some form of trauma when using a restroom that aligns with their sex assigned at birth,” Hartlage said.

One of the bill’s sponsors, Adam Bird, R-New Richmond defended the bill, 

“We do love and care about all kids,” Bird said when asked about all the backlash the bill has received. “Me and my Republican colleagues have heard from constituents all across the state. They may not have been loud. They may not have been vocal. They may not have come with a sign to the Statehouse, but we are here representing the vast majority of Ohioans who want protections.” 

Lawsuits Complement Legislation

As these controversial bills work their way through the legislature, the State of Ohio is one of Twenty-six GOP-led states are suing the Biden administration over changes to Title IX aiming to protect LGBTQ+ students from discrimination in schools.

The Ohio Capital Journal reports that the revised rule, which will go into effect on Aug. 1, requires schools “to take prompt and effective action when notified of conduct that reasonably may constitute sex discrimination in their education programs or activities.”

Ohio, along with Republican attorneys general in Indiana, Kentucky, Tennessee, West Virginia and Virginia filed a lawsuit against the Biden administration in federal court in Kentucky.

The states argued that the U.S. Education Department “has used rulemaking power to convert a law designed to equalize opportunities for both sexes into a far broader regime of its own making.”

Advocates Worry about LGBTQ+ Students’ Rights

LGBTQ+ advocates applaud the updated changes to Title IX and criticize the states’ opposition,

Sarah Warbelow, vice president of legal at the LGBTQ+ advocacy group Human Rights Campaign told the Ohio Capital Journal,“Our kids’ experience in schools should be about learning, about making friends and growing as a young person. LGBTQ+ students deserve those same opportunities,” 

“In bringing these lawsuits, these state attorneys general are attempting to rob LGBTQ+ students of their rights, illustrating a complete disregard for the humanity of LGBTQ+ students.”

A spokesperson for the Education Department said the department does not comment on pending litigation but noted that “as a condition of receiving federal funds, all federally-funded schools are obligated to comply with these final regulations.” 

They added that the department looks forward “to working with school communities all across the country to ensure the Title IX guarantee of nondiscrimination in school is every student’s experience.”