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Ohio Governor Signs 'Harmful' Anti-Trans Bathroom Bill
"It's really not about the bathrooms. It's about demonizing and frightening people," said one Ohio lawmaker.
Nov 27, 2024
Pro-LGBTQ+ voices panned an Ohio bill signed by Republican Gov. Mike DeWine Wednesday that will bar transgender students in public and private Ohio schools from using "multi-occupancy facility"—bathrooms, as well as locker rooms, changing room, or shower rooms—that match their gender identity.
"We made it clear to Gov. DeWine and Ohio legislators that S.B. 104 does nothing to make trans students safer in schools, and in fact makes life more dangerous for trans kids in Ohio," said Equality Ohio executive director Dwayne Steward in a statement.
"We are deeply disappointed that Gov.DeWine has allowed this dangerous bill to become law that puts vulnerable trans youth at risk for abuse and harassment. Equality Ohio will continue to stand in solidarity with our transgender communities and their families, and we will always fight for fairness in Ohio," Steward added.
The ACLU of Ohio said on social media that "transgender people are part of the fabric of Ohio; our families, our workplaces, and our neighborhoods. We remain steadfast in our commitment to the LGBTQ+ community and are closely considering next steps."
In a statement published after the legislation passed in the Ohio Senate, Jocelyn Rosnick, policy director for the ACLU of Ohio, said that "this bill ignores the material reality that transgender people endure higher rates of sexual violence and assaults, particularly while using public restrooms, than people who are not transgender."
According to Mother Jones, Ohio Senate Minority Leader Nickie Antonio (D-23), the first openly LGBTQ+ person elected to the Ohio Legislature, said during a floor debate on the bill: "It's really not about the bathrooms. It's about demonizing and frightening people."
The law applies to K-12 and higher education institutions and schools are not allowed to offer gender-neutral multi-stall facilities; however, the bill doesn't prevent schools from establishing "a policy providing accommodation such as single-occupancy facilities or controlled use of faculty facilities at the request of a student due to special circumstances."
But Mallory Golski, civic engagement and advocacy manager at the queer youth support organization Kaleidoscope Youth Center, expressed skepticism that providing access through single-occupancy facilities would really help gender expansive students in an interview with Mother Jones. "I just don't foresee a scenario in which schools that are already historically underfunded are going to be able to drop everything and build new bathrooms," she said. "It's just not possible."
The signing of the anti-trans legislation Wednesday runs counter to a move by DeWine last year. The governor chose to veto a bill that blocked gender-affirming care for trans youth and prevented transgender athletes from playing women's sports (lawmakers later overrode his veto).
Ohio is one of 14 states that have implemented some sort of restriction on transgender people's use of bathroom or facilities consistent with their gender identity, according to the think tank the Movement Advancement Project. Some of those states also have restrictions in place on some government buildings.
The recently signed bill in Ohio comes days after Republican Congresswoman Nancy Mace of South Carolina introduced a resolution seeking to prevent trans women employees and members of the House of Representatives from using the women's bathrooms at the U.S. Capitol. Though Mace did not initially name any member of Congress specifically, she later admitted the measure was "absolutely" aimed at incoming Democratic Rep. Sarah McBride of Delaware, the first openly trans person elected to Congress.
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Constitutional Lawyers Back Criminal Charges Against Trump-Vance in Ohio
"Trump and Vance's positions of authority do not immunize them from the consequences that would fall—and have fallen—upon anyone else."
Oct 18, 2024
Legal experts from an advocacy group and a civil rights law firm on Friday called for a county prosecutor to issue criminal charges against former President Donald Trump and Sen. JD Vance for their role in propagating lies about the Haitian community in Springfield, Ohio.
Constitutional lawyers with Free Speech For People, a Massachusetts-based advocacy group, and Hughes Socol Piers Resnick & Dym, a Chicago-based law firm, issued a joint letter to Clark County prosecutor Daniel Driscoll in support of a criminal complaint brought by Haitian Bridge Alliance (HBA), a San Diego-based rights group, on September 24.
The complaint alleges that Trump and Vance (R-Ohio), the Republican presidential and vice presidential nominees, disrupted public services, made false alarms, and engaged in telecommunications harassment and aggravated menacing.
Last month, Trump and Vance repeatedly claimed that Haitian immigrants in Springfield were stealing pets to eat them—the claims, which had no credible basis, were widely derided as racist.
The two Republicans' promulgation of the false rumors led to 33 bomb threats in Springfield, as well as other threats on individuals and elected officials, according to the HBA complaint; state troopers had to be deployed to the town, and some schools and public buildings were closed or evacuated.
Friday's joint letter argues that Trump and Vance repeated the dangerous claims after they knew them to be false and that their statements predictably caused security threats; it characterizes this as "severe criminal misconduct."
"Trump and Vance's continuous use of their national platform to spread dangerous falsehoods that foreseeably cause widespread civic disruption against already marginalized communities falls squarely within the criminal charges your office has been asked to evaluate," the letter says.
"Trump and Vance's positions of authority do not immunize them from the consequences that would fall—and have fallen—upon anyone else," the authors also wrote.
BREAKING: We just issued a joint letter w/ attorneys at @HSPRD in support of @HaitianBridge, urging the Clark County Ohio prosecutor to pursue criminal charges against Trump & Vance for dangerous, inflammatory, & repeated lies about the Haitian community. https://t.co/0M8JlB5IIh
— Free Speech For People (@FSFP) October 18, 2024
The criminal complaint, called an affidavit, was filed under a Ohio law that allows citizens to seek criminal charges. It asks that the prosecutor find probable cause to arrest Trump and Vance.
A panel of local judges referred the matter to Driscoll on October 4, but so far he's not taken public action or set a date for a hearing, which Subodh Chandra, the Ohio lawyer that filed the complaint for HBA, has said is a requirement before a complaint can be quashed. HBA is keen to have such a public airing of the facts, the Los Angeles Timesreported last month.
The letter from Free Speech For People and Hughes Socol Piers Resnick & Dym argues that free speech is not a valid defense for Trump and Vance in this case, as "the evidence overwhelmingly establishes" that their "speech was knowingly false."
"Trump and Vance made a calculated decision to repeat racist falsehoods... knowing their calls would activate their supporters and others into disruptive and violent action," the letter says.
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The GOP Has Already Cheated in the 2024 House Race
A Brennan Center analysis found that gerrymandering in 2024 will give Republicans approximately 16 additional seats in the House of Representatives compared to fairly drawn maps.
Oct 03, 2024
Gerrymandering is as old as the republic. In the very first congressional election, Patrick Henry drew a map to try to keep James Madison from being elected to Congress. (That was before the word “gerrymandering” was even coined.) Today, both parties do it with gusto when they can.
And now gerrymandering may decide control of the House of Representatives.
Once, gerrymandering was an art. Phillip Burton, the legendary Democratic House member from San Francisco who served from the 1960s to the 1980s, used to draw the state’s maps on a tablecloth at a Sacramento restaurant. He proudly called one misshapen district “my contribution to modern art.” Now, however, it’s a science. Digital technology has reshaped the drawing of maps. Partisans can craft districts to quash competition in a way that lasts throughout a decade.
Gerrymandering may be as old as the republic, but so is the fight for fair maps.
Once, there was hope the courts would step in. In 2019, however, the Supreme Court ruled that federal judges were barred from policing partisan gerrymandering. And while it is still illegal to draw district lines to discriminate based on race, judges have often winked and allowed politicians to racially gerrymander so long as they shrug and say, “It’s not about race, it’s just politics.”
Rampant district rigging has blocked fair representation in many states, especially in the South. Nearly all the population growth in the United States over the past decade took place in the South and Southwest, and most of that came from communities of color—the very voters who should be represented and who are being shut out of power.
Now, we know that there are direct partisan consequences too. All the map drawing, all the lawsuits, are done for 2024. The dust has settled. And the Brennan Center’s experts have analyzed the effects of gerrymandering. Attorney Michael Li and political scientist Peter Miller have checked and rechecked the data.
Here’s what they found: Gerrymandering in 2024 will give Republicans approximately 16 additional seats in the House of Representatives compared to fairly drawn maps. That is well more than the margin of control in this Congress or in the one before it. There can be no question that this was done deliberately and with scientific precision—and comes especially at the expense of communities of color. In most of the gerrymandered states, there were hundreds or thousands of fair maps that could have been drawn.
What can be done about it?
One answer comes from Ohio. Seven times, the state supreme court there struck down unfair maps drawn by the Republicans. (The Brennan Center represented a broad coalition of Ohio voters.) Each time, partisan map drawers simply ignored the court. Then the state’s esteemed Chief Justice Maureen O’Connor, a prominent Republican, retired due to term limits. Now she leads a statewide drive for a ballot measure to create a strong, independent, citizen-led redistricting commission. This conservative stalwart teamed up with the progressive grassroots Ohio Organizing Collaborative. It’s a buddy movie for the ages.
Republicans tried to change the number of votes needed to pass a measure like this, but citizens rejected that sneaky move. Then state officials rewrote the language to say that the initiative was designed to support gerrymandering. No matter. Polls look strong, and there is a good chance that in Ohio, voters will untilt the legislature and congressional maps. Ohio would join Arizona, California, Colorado, and Michigan with their independent commissions. It is a prime exhibit of why voters should be able to overrule politicians.
There’s a national solution too. The Freedom to Vote Act would ban partisan gerrymandering in congressional redistricting. The John R. Lewis Voting Rights Advancement Act would strengthen that vital law against racially discriminatory rules. Both bills came achingly close to passing in the last Congress.
Sen. Charles Schumer (D-N.Y.), at a Brennan Center event with Democracy SENTRY in Chicago this summer, announced that Democrats would make these voting rights bills the first order of business—and that they would change the filibuster rules so they could pass. The next night, Vice President Kamala Harris pledged to sign them (the only bills mentioned by name in her convention speech).
Gerrymandering may be as old as the republic, but so is the fight for fair maps. At the constitutional convention in Philadelphia in 1787, James Madison insisted on the provision used to give Congress the power to override local politicians. It used “words of great latitude,” he explained, because “it was impossible to foresee all the abuses” that might come. “Whenever the State Legislatures had a favorite measure to carry, they would take care so to mould their regulations as to favor the candidates they wished to succeed.”
Meanwhile, voters will go to the polls to choose their representatives—but too often, the representatives will choose the voters. And the Congress that would consider reform will be one disfigured by biased rules and manipulative maps.
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