Ohio House Republicans Introduce First Batch of Anti-LGBTQ Bills of 2023

The Ohio House Republicans have unveiled their priorities for the 135th General Assembly and filed their first series of bills for consideration.

Included are HB 6, which would ban trans women and girls from playing sports, and HB 8, which would force teachers and school staff to out LGBTQ+ youth to parents.

These bills are part of a package that Ohio Republicans say would make Ohio a “destination” for new residents.

“Ohio is our home, and while that may seem obvious, we have work to do to ensure that we can attract and retain the brightest to come here and stay here,” House Speaker Jason Stephens said in a press conference on Wednesday.

HB 6 – Save Women’s Sports Act

HB 6, dubbed the “Save Women’s Sports Act,” would require schools, state institutions of higher education and private colleges to designate separate single-sex teams and sports for each sex and to limit participation on teams:

“No state institution or private college…shall knowingly allow individuals of the male sex to participate on athletic teams or in athletic competitions designated for only participants of the female sex.“ -HB 6

There are significant differences of this iteration of the bill from years prior:

• There is no indication in HB 6 as to how the sex of students is determined. Last year’s House Bill triggered national outcry with the requirement of genital checks. That language was updated by the Ohio Senate to determine sex from a student’s birth record.
• HB 6 includes institutions of higher education and specifically includes “private colleges.” Previous versions limited the applicability of this athletic ban to K-12 education.
• HB 6 specifically calls out the National Collegiate Athletics Association (NCAA), the National Association of Intercollegiate Athletics (NCAI), and the National Junior College Association (NJCA). Previous versions did not reference these national organizations.
• Whereas previous versions were assigned to the Primary and Secondary Education committee, HB 6 has been assigned to the Higher Education committee — which may be an indication of the sponsor’s intent to apply this athletic ban to colleges and universities.

The “Save Women’s Sports Act” is once again sponsored by Rep. Jena Powell (R-Arcanum) who has ambushed the statehouse floor twice in the past two years to force this bill forward without vetting it through proper committees.

HB 8 – The Parents Bill of Rights

HB 8, dubbed “The Parents Bill of Rights,” would require public schools to adopt a policy on parental notification on student health and well-being and instructional materials with sexually explicit content.

The bill also requires parental notification with regard to a wide range of vaguely defined circumstances, which could be used to target LGBTQ+ students or educational content that includes diverse representations of students, couples, parents and families.

“The policy shall require a school district to…notify a student’s parent of any change in the student’s services or monitoring related to the student’s mental, emotional, or physical health or well-being or the school’s ability to provide a safe and supportive learning environment for the student.” -HB 8

The bill would permit school personnel from withholding information from parents if educators or administrators believe “that disclosure would result in abuse, abandonment, or neglect.”

However, the bill also specifies that the belief “shall not be based on a parent’s religious or political beliefs.”

Last year, after the same bill was introduced, LGBTQ+ advocates expressed concern that the bill’s language could force teachers and staff to out LGBTQ+ students who confide in them to their parents, disclosing requests to use names or pronouns different from those on record with the school.

In a hearing last year regarding these required disclosures, concern was expressed about how this would violate the code of ethics of many school staff.

“Such disclosure would disrupt therapeutic rapport and possibly jeopardize clients’ safety,” said Stephanie Ash of the Ohio Chapter of the National Association of Social Workers. “Such breaches in confidentiality will also interrupt successful clinical processes which rely heavily on trust and rapport and will dissuade youth from seeking essential mental health services.”

Adoption also introduced as priority

House Speaker Stephens also announced the introduction of HB 5, which would “make adoption more accessible and affordable for loving Ohio families.”Currently, Ohio’s code limits adoption to “husband and wife.” Governor DeWine’s attempt to update this language to “legally married couple” was dropped by Republicans in 2021.

The “husband and wife” language does not prohibit LGBTQ+ Ohioans from adopting. 2015’s Obergefell v. Hodges ruling — establishing marriage equality as the law of the land — ensured legally married couples may adopt.

Currently, HB 5 exists as a “placeholder bill,” meaning that the only language available declares the intent.

There is no indication whether the bill will actually increase access to adoptions by updating language that — at least semantically — excludes many LGBTQ+ Ohioans.

This story was originally published by The Buckeye Flame and republished here with permission.