An advisory legal opinion from Ohio Attorney General Dave Yost could bolster public facilities seeking to block transgender people from using bathrooms that align with their assumed gender identity.
COLUMBUS, Ohio – came at the request of Greene County Prosecutor David Hayes, a Republican, who asked whether a state anti-discrimination law or a recent U.S. Supreme Court opinion that prohibits employment discrimination against LGBTQ people blocks Ohio public facilities from requiring transgender people to use bathrooms aligned with their sex assigned at birth.
As an advisory opinion, Yost’s takeaway is nonbinding and doesn’t carry the force of law, but it acts as legal authority for courts. The conclusion from Yost, a Republican, offers legal backup for managers of public buildings who may roll out policies that block transgender people from using bathrooms aligned with their gender identity.
“That appears to be the intention and possible consequence,” said Maria Bruno, public policy director with Equality Ohio, an LGBTQ advocacy organization.that prohibits managers of a “public accommodation” from allowing anyone to enjoy the full privileges of the facility, unless those exceptions apply to everyone regardless of race, color, religion, sex, national origin, disability, or age.
from a 2020 U.S. Supreme Court ruling, interprets Ohio law as prohibiting all types of discrimination regarding sexual orientation and gender identity. In the Supreme Court case, the justices sided with a man who was fired when his employers learned he participated in a gay softball league and ruled thatAccording to Yost, separating bathrooms by sex doesn’t violate the state law right to fully enjoy public accommodations. Rather, it ensures no one loses such a right.
Yost’s opinion comes amid a larger wave of legal and political attacks on the rights of transgender Ohioans.
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