What the H Ohio? Are We Really Legislating Hate and Surveilling Bathrooms

Todd S. Hawley - November 20, 2024

Good people, in case y’all missed it, a group of Nazis marched through the Short North in Columbus this past weekend. Yep, you heard that right. And before y’all go thinking it was an isolated incident, let me remind you that Neo-Nazis, the KKK and similar hate groups marched through Springfield, OH after immigrants and refugees were attack by President-Elect Trump and Vice President-Elect Vance. Responding to the Neo-Nazi march in Columbus, Governor Mike DeWine released a statement declaring in part, “There is no place in this State for hate, bigotry, antisemitism, or violence, and we must denounce it when we see it.” Trust me, I am very happy to hear him speaking out against Neo-Nazis openly marching in Columbus. Unfortunately, some things can’t be unseen, and the damage and fear inflicted will linger and potentially spread. However, words do matter, and the Governor is right to speak out against hate because hate exists in many forms in Ohio.

Ohio Senate Bill 104: What Does It Really Mean for Students?

As the Neo-Nazis were marching through Columbus, the Ohio Senate was busy passing legislation directly targeting transgender students. In its original form, Senate Bill 104, was intended to revise the College Credit Plus Program. However, the Ohio House and Senate included language banning transgender students from bathrooms and locker rooms matching their gender identity. After being passed by the Senate, the bill now awaits Governor DeWine’s signature. If the Governor signs the bill, students in Ohio K-12 schools and institutions of higher learning will be required to use the bathroom or locker room that aligns with their gender assigned at birth. Justified in the name of “safety,” this legislation is a direct attack on the human rights of transgender students in Ohio. I will be here waiting for Governor DeWine to again speak out against hate in all forms and veto S.B. 104 (although I doubt he will). He doesn’t even need to compare the Ohio legislators who voted for S.B. 104 to the Neo-Nazis who marched through Springfield and Columbus. But he can keep his word to protect all citizens of Ohio from hate, “and denounce it when we see it.”

The Cost of Hate: How Anti-LGBTQ+ Legislation Impacts Transgender Students

Maybe Governor DeWine doesn’t see denying transgender students the right to use the bathroom or locker room of their choosing as propagating hate. Maybe because this version of hate and bigotry is coming from elected officials in Ohio rather than members of official hate groups, the Governor feels compelled to support his fellow Republicans. Either way, if Governor DeWine signs S.B. 104, he is legislating and condoning hate and bigotry. At the same time, he is empowering parents and community members to police the actions of students and teachers in Ohio public schools and Universities. 

What does it mean to feel safe and supported at school? For Ohio’s transgender students and the teachers and peers who stand with them, this question has taken on new urgency. According to a 2022 survey conducted by the Trevor Project, LGBTQ+ youth who live in a supportive and accepting community are significantly less likely to experience depression or consider suicide. Unfortunately, the same survey revealed that nearly 60% of LGBTQ+ students feel unsafe at school because of their gender expression.

Why Inclusive Schools Benefit All Students, Not Just LGBTQ+ Youth

Beyond the immediate harm to transgender students, laws like S.B. 104 disrupt the entire school environment and put all marginalized students on notice. Research shows that school climates marked by exclusion, bullying and discrimination negatively impact all students’ ability to engage and learn. The Gay, Lesbian & Straight Education Network (GLSEN) reports that schools with inclusive policies and practices see higher attendance rates, better academic performance, and improved mental health outcomes for all students—not just LGBTQ+ youth. It's not like public school bathrooms are the most luxurious places. If we want to make them safe, why don’t we invest in modernizing public school buildings, and the bathrooms. Those are improvements everyone can support.

How Bathroom Restrictions Harm Education and Disrupt Schools

These bathroom and locker room restrictions, however, have no proven benefits for increasing student engagement or achievement. In fact, there is no evidence to suggest that restricting bathroom access for transgender students leads to any positive outcomes. There is, however, research indicating that when transgender students feel supported to use the bathroom of their choice their performance in school improves. My experience as a teacher and teacher educator has taught me that the real issue with bathroom use in schools is that students want to go at the same time and often stay out of the classroom for a long time. The problem isn’t which bathroom they use. Instead, legislation like S.B. 104 intentionally creates conflict and diverts energy away from what schools should be focusing on: active student engagement and learning designed to develop their voices as citizens and prepare them to be active, thoughtful citizens.

One aspect of S.B. 104 that I haven’t seen discussed, is the reality that while attacking transgender students, S.B. 104 also distracts our attention away from the failure of Ohio legislators to address the actual needs of public schools, including providing support for student (and teacher) mental health. It intentionally diverts attention away from the numerous ways legislators fail to support schools, teachers and students (like spending almost $1 billion in taxpayer money to prop up private and religious schools, anyone?). S.B. 104 isn’t intended to boost engagement, improve learning outcomes, or foster stronger school communities. Instead, its intention is to legislates hate and bigotry into public schools and universities in Ohio. It mandates policies on already overworked teachers and schools all while targeting marginalized students in the process.

Do lawmakers honestly not understand that it’s already stressful enough to be a transgender student in Ohio? Oh wait, they do. I suggest watching Ohio Senator Andrew Brenner's (R - Delaware) interview where he discusses many of the bills being considered by the legislature during the Lame Duck Session. Its worth watching the entire thing to get a deep sense of how Brenner and his fellow Republicans in the Ohio Senate are approaching the Lame Duck Session. His discussion of S.B. 104 begins at the 12 minute mark. These are the kinds of things that we have to watch. Brenner and the interviewer, John Fortney say so many unfounded, hateful things. Its disgusting. Their words constitute hate speech. Their thoghts and words propogate hate and bigotry and should be denounced by Governor DeWine and everyone in Ohio.

Advocating for Ohio’s Students: What Can We Do?

Public schools are home to all students and are reflective of the diversity and potential of its students, even if that diversity isn’t valued by many in the larger community. As policies like S.B. 104 take hold, they become the norm, eroding the influence public schools have on students and local communities. Fortunately, there is always time for action. Parents, educators, and community members have the power to push back against laws that promote hate, bigotry and prioritize exclusion over inclusion. It starts with listening to and then honoring the lived experiences of transgender students, of marginalized families and the teachers who see the impact of these policies every day. It also means showing up. Attend school board meetings. Write to your legislators. Call Governor DeWine and ask him to speak out against hateful legislation and veto S.B. 104. Become an advocate for professional learning that gives teachers the tools they need to support all students, regardless of what’s happening at the policy level. GLSEN is a wonderful resource for schools looking to provide professional learning opportunities for their teachers and administrators.

Teachers Are Community Builders, Not Enforcers of Hate

I’ve seen teachers do incredible things to create safe, welcoming classrooms. Teachers are community healers and community builders. They find ways to make students feel seen, valued and honored as a member of their classroom community and within the content students engage with. Policies like S.B. 104 compromise the very purpose of public education. If we want Ohio’s schools to reflect the best of what public education can be, we need to prioritize inclusion and the well-being of all students. Not hateful legislation mandating where students must use the bathroom.

Y’all, every student deserves a school where they can feel safe, supported, honored and makes them want to show up every day. Students shouldn’t arrive at school worrying about which bathroom they can or cannot use, much less know that they are being targeted by legislators enacting hateful legislation.

Come On, Ohio—We’re Better Than This

I’ll leave you with the words of John Oliver, host of the show Last Week Tonight. While discussing the myriad reasons why Democrats lost seats in all levels of government in the 2024 election, Oliver brought up their failure to speak up for and include the trans community as they faced unending attack ads from Republican candidates. To prove that it isn’t hard to refute Republican claims that allowing transgender students to use the same bathroom or locker room as female students would make female students feel unsafe, Oliver eloquently concluded, “if you genuinely want to address the biggest concern for most girls who play high school sports, you'd be less worried about this, and more about the creepy assistant volleyball coach that keeps liking their posts on fucking Instagram.”

He isn’t wrong.

Come on Ohio. We are better than this. Or at least we should be.