Ohio House to vote on trans sports, healthcare ban and 'sexuality content' bill

COLUMBUS, Ohio (WCMH) -- Ohio lawmakers could vote on two anti-LGBTQ+ bills this week, possibly banning six trans athletes from participating in sports and prohibiting trans youth from receiving medical care while also altering how teachers can discuss the LGBTQ+ community.

House Bill 68 -- the "Save Adolescents from Experimentation Act" -- and House Bill 8 -- the "Parents' Bill of Rights" -- both advanced at the Ohio Statehouse last week and could be voted on in the House of Representatives as soon as Wednesday. The bills are two measures reframing LGBTQ+ inclusion in Ohio, along with House Bill 183 barring trans students from using a bathroom that doesn’t correspond with the gender assigned to them at birth.

Six trans athletes and gender-affirming care banned

The "Save Adolescents from Experimentation Act" would ban healthcare professionals from providing treatment known as gender-affirming care to trans children in the state, and requires mental health professionals to screen patients for abuse and comorbidities before diagnosing gender dysphoria.

“What we’re just simply saying is, let kids grow up,” said Rep. Gary Click (R-Vickery), who reintroduced the bill in February after the legislation failed to pass Ohio’s General Assembly last year. “Children are incapable of providing the informed consent necessary to make those very risky and life-changing decisions.”

However, the Ohio Children’s Hospital Association previously called the bill a “misguided effort” that could exacerbate harm to LGBTQ+ youth. Nationwide Children’s Hospital, the American Academy of Pediatrics and other major medical providers have said gender-affirming care is an evidence-based practice with a proven track record of improving health outcomes for trans youth.

Representatives amended the legislation on June 14 to include House Bill 6, named the “Save Women’s Sports Act.” The bill would bar trans girls from taking part in female athletics and override the Ohio High School Athletic Association’s trans student-athlete policy adopted during the 2015-16 school year.

“They are similar issues, I think it puts the discussion all on the table here at the House on the same time, I think that’s important,” said Speaker of the Ohio House, Jason Stephens (R-Kitts Hill).

Nineteen trans girls --10 in middle school and nine in high school -- have participated in girls’ sports since the OHSAA's policy was implemented eight years ago, including the six trans high school students taking part during the 2022-23 school year.

The OHSAA, which said about 400,000 athletes in grades 7-12 participate in its sanctioned sports each school year, asserts its policy is effective in protecting the integrity of girls’ sports while also providing participation opportunities for trans students.

“We will continue to educate people on the OHSAA’s transgender policy, which has been successfully implemented for the last eight years and has not resulted in any loss of female participation, championships or scholarship opportunities in Ohio,” the OHSAA said.

Rep. Jena Powell (R-Arcanum) and 30 Republican co-sponsors reintroduced the bill in February after the legislation also failed to pass Ohio’s General Assembly last year. Powell said 21 other states have passed a similar bill and argues the legislation will facilitate fair competition.

“All that girls are asking for is a fair shot, and to be given the chance to play and win by the rules in the sports that they love,” Powell said in a release. “That opportunity is being ripped from them by biological males.”

The legislation allows an athlete to sue for relief or damages if they are “deprived” of an athletic opportunity by a trans girl, and prohibits a government or athletic association from taking action against schools that enforce the ban.

Parents to opt their child out of 'sexuality content'

The "Parents' Bill of Rights" would require teachers to notify parents before teaching "sexuality content" and of any change in a student’s mental, emotional or physical health. Rep. D.J. Swearingen (R-Huron) and Rep. Sara Carruthers (R-Hamilton) reintroduced the bill earlier this year after the legislation failed to pass Ohio’s General Assembly last year.

"The focus is to ensure that parents are empowered to be involved in their child’s education both inside and outside the classroom," Swearingen said in a statement. The bill was scheduled for a vote in the Ohio House on June 14, but was postponed when Carruthers was not in attendance.

Opponents of HB 8 claim it is anti-LGBTQ+ after the Primary and Secondary Education Committee passed an amendment on June 8 to change the term "sexually explicit content" in the bill to "sexuality content," defined as "any oral or written instruction, presentation, image or description of sexual concepts or gender ideology."

“This is dangerous for education here in Ohio and this is dangerous for educators to be held to this kind of standard,” said Rep. Jessica Miranda (D-Forest Park) during the June 8 hearing. “It is dangerous to our students who are just trying to go to school, be educated and live their lives.”

Rep. Sarah Fowler Arthur (R-Rock Creek) said that the bill would provide parents the opportunity to request excusal for their child from lessons deemed “sexuality content.” Parents whose concerns aren’t resolved after 30 days would be granted a hearing with the district’s board of education.

Rep. Joe Miller (D-Amherst) questioned Rep. Adam Bird (R-Cincinnati), chair of the committee, and Arthur during the June 8 hearing on why the language needed to be changed.

“Is this amendment intended to be a anti-gay, anti-trans bill that’s targeting these most vulnerable children?” asked Miller. “Because it’s lining up to look a lot like the anti-gay bills that are going around the country right now.”

Bird argued the bill’s intention is not to prohibit instruction, but rather to provide parents the opportunity to review the material to determine whether their child should be provided alternative coursework. He said the bill’s sponsors have heard from Ohio parents who are concerned their child’s school is teaching “sexuality content.”

“There are students in Ohio that are being taught those kinds of things without parent knowledge,” Bird said.

'A war against LGBTQ people'

Ohio and several other states are proposing more than 500 anti-LGBTQ+ bills are moving through legislatures across the nation, breaking the record for the most bills introduced in a single year impacting the minority community. The proposals continue an unprecedented wave of legislation targeting LGBTQ+ people after 268 bills were introduced in 2021 and 315 in 2022. 

The proposed legislation is an effort to expand the scope of targeting against the LGBTQ+ community beyond previous narrowly focused actions like opposing same-sex marriage, according to a report from the Movement Advancement Project (MAP). The organization claims the current landscape “is a war against LGBTQ people in America and their very right and ability to openly exist.”

MAP’s report notes only 27 of the bills introduced in 2021 and 29 in 2022 became law. Still, the organization said the increased proposals reflect an emerging trend of an anti-LGBTQ+ bill advancing in one state followed by copycat bills appearing in other states.

“In 2019, not a single state had a law banning trans youth from participating on sports teams with their peers. In 2020, Idaho became the first state to pass such a law, and in 2021, another nine states followed suit,” the report states. “Now, in early 2023, there are a total of 18 states that have passed laws banning youth from playing sports consistent with their gender identity.”