Participants hold signs at Northside’s National March for Queer and Trans Youth Autonomy on March 31. Photo: Aidan Mahoney

This August is a tumultuous time for Ohio politics. Residents of the state have no doubt seen advertisements plastered across television asking voters in the upcoming Issue 1 special election to lean one way or the other. This has rightfully made headlines and been a centerpoint of political discussion, as not only does it stand on the edge of party lines, but it also bodes a terrifying future for abortion rights if it passes. What isn’t being talked about, however, is the potential impact this amendment can have on trans rights across the state.

Let it be clear, Issue 1 does not explicitly discuss trans rights. On the other hand, it doesn’t explicitly discuss abortion rights either. Based solely on its writing, it would do three major things if it passes. First, it’ll raise the requirement for amendments to the Ohio constitution from its current status as a simple majority to 60% of the vote. Second, it would require those who desire to make an amendment to the constitution to receive signatures from 5% of voters in all 88 counties of the state, as opposed to its current status of just 44 counties. Thirdly, it would get rid of the existing 10-day cure period for faulty signatures to get replaced. 

Going strictly by the ballot measure, it would appear to be a more general, not specified, issue. As Senate Minority Leader Nickie Antonio said via a phone discussion, “Issue 1 has nothing to do with [transgender rights]. Issue 1 is about how to amend our constitution to when citizens bring ballots forward to amend the constitution, it doesn’t have to do with really anything except that.”

However, it’s much more than what’s written on paper. When viewing Issue 1, the context around it has to be taken into consideration, and this is exactly why many suggest that it’s about so much more. Consider that there is currently a Republican majority in the Ohio Congress, and at the same time there has been a ballot measure by Ohio Democrats to add an amendment to the constitution to further protect abortion rights. The timing of the issue 1 special election just months before the ballot measure seems hardly like a coincidence.

Even with this as the case, few are talking about how this relates to the other prominent political discussion in Ohio occurring right at this moment — transgender rights. Seen most prominently in the Ohio House of Representatives, there have been multiple bills that seek to prohibit trans youth from undergoing gender transition, along with limiting trans folks’ participation in sports.

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House Bill 68 and House Bill 8 would each cause a great deal of harm to trans folks across the state, especially to those on the younger end. These bills are just the latest among many attempts to lock down transgender people’s rights.

This is the current climate in the state, and it is no coincidence that Issue 1 is at our doorstep. It isn’t just an independent bill, but something intrinsically tied to the rights of the marginalized and the future of our state as a whole.

There have already been political advertisements by Republicans targeting trans people as a reason to vote ‘yes’ on Issue 1. As reported by NBC4i, the aforementioned ballot measure to amend the constitution for abortion rights has Republicans spreading fears that this ballot would promote trans rights as well, specifically in the realm of “sex changes for children.”

This has been dismissed by some as mere fearmongering. To quote Antonio, “I think that the people who want a yes vote on Issue 1 have conflated and have engaged in fearmongering of marginalized people… It could really be about so much more than [abortion rights]. It can be about any value you want to bring forward to amend the constitution with going forward.”

However, it should be kept in mind that those who support Issue 1 likewise back limitations on transgender rights. Representative Jena Powell and Senator Tim Schaffer, two outspoken opponents of trans rights in Ohio, are both vocally in support of Issue 1, and they’re not alone either. If trans rights activists try to reach for an amendment to the constitution, there can be little doubt as to how these efforts would be blocked.

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The thing that is most dangerous about Issue 1, were it to pass, is that it can be utilized to block just about any attempt to create change on a constitutional level. While for the federal government having restrictions makes sense, state governments are supposed to be much more fluid and dynamic. Trans issues are just among many others, and that’s what makes this problem so significant. If Issue 1 passes, any progressive changes to the constitution will fall by the wayside, especially so for ones relating to trans issues.

“[Issue 1] takes away the rights of the majority of Ohioans, because we will no longer make constitutional ballot initiative decisions based on the majority; the minority will now make those decisions,” Antonio says. “And that will affect all kinds of issues. Issues concerning LGBT folks perhaps, but all kinds of issues in the future will be affected by this.”

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This article appears in Jul 26 – Aug 8, 2023.