'Ohio Fairness Act' to ban LGBTQ+ discrimination reintroduced in Statehouse

COLUMBUS, Ohio (WCMH) -- Bipartisan lawmakers are trying to ban discrimination against the LGBTQ+ community in Ohio.

Senate Bill 132 -- the "Ohio Fairness Act" -- has been reintroduced for the 11th time at the Statehouse to prohibit discrimination based on sexual orientation and gender identity or expression, without creating new protected classes or infringing on religious liberty. Sen. Nickie Antonio (D-Lakewood) has proposed the act in every General Assembly since she was elected in 2011. 

"The Fairness Act would simply provide civil rights protections for members of the LGBTQ community," Antonio said. "Basic rights under the law, so that we may live, work, worship, attend school, raise our families and enjoy the freedoms outlined in our country’s own Declaration of Independence."

Although 80% of Americans support non-discrimination protections for the LGBTQ+ community, Ohio is one of 27 U.S. states without laws protecting from discrimination based on sexual orientation or gender identity. Instead, the Ohio Statehouse has furthered legislation garnering backlash from members of the LGBTQ+ community. 

In June, the Ohio House passed a bill banning trans athletes from participating in girls’ sports and prohibiting trans youth from receiving certain medical care. A second bill altering how teachers can discuss the LGBTQ+ community in classrooms also passed. 

Ohio’s bills are among a trend of more than 500 anti-LGBTQ+ bills moving through legislatures nationwide, 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. 

"With statehouses across the country introducing legislation targeting the LGBTQ+ community at an unprecedented rate, including here in Ohio, we believe a shift toward hope, opportunity and fairness is necessary," Antonio said. "Discrimination has no place in Ohio. This legislation is a clear statement that we stand on the side of justice, inclusivity and equal opportunity for all."

Antonio and 11 bipartisan senators co-sponsoring the act argue that businesses operating in LGBTQ-friendly states are more likely to prosper from top-tier employee recruitment and retention, given an increasing number of Americans identify within the community. 

States with LGBTQ+-inclusive nondiscrimination protections attract a large number of investors, who in turn produce about 30% more patents than their peers, according to Harvard Business Review. In addition, 79% of non-LGBTQ+ millennials, who will make up 75% of the U.S. workforce by 2030, said they want to see protective policies for their peers. 

“Inclusive policies will better attract workers and business investments in Ohio,” said Rep. Michael J. Skindell (D-Lakewood), a co-sponsor of the bill. “We have a diverse LGBTQ+ community in Ohio, and it is clear our laws must be updated to better reflect our ever-changing state, which can be done by the passage of the Ohio Fairness Act.”

Ohio Business Competes, a nonpartisan coalition of more than 1,000 businesses, has long advocated for nondiscrimination policies to attract the best talent. As the second largest business coalition in the country, Ohio Business Competes includes OhioHealth, Huntington, American Electric Power, Jeni’s Ice Cream, the Ohio State University, the Cleveland Clinic and many more companies, universities and institutions.

Passage of the act is critical for the businesses and recent billion-dollar investments from Intel and Honda, especially given youth in Ohio have expressed the need to move out of the state because of anti-LGBTQ+ bills, Skindell said. 

The impact is tangible, as a recent Greater Ohio Policy Center report found the state’s population is decreasing and growing older. Outside of central Ohio, the report shows that cities across the state experienced a decrease in people under age 54 in recent years, and did not experience income growth at the same rate as the nation. In addition, Ohio’s labor force has decreased by 91,000 workers.

“Are [businesses] going to be able to recruit the workforce that they need?” Skindell said. “They need a diverse population to do that. They need a welcoming and supportive state to be behind that.”

Next, the Ohio Fairness Act will be assigned to a Senate Committee where it could receive hearings open for public testimony.