“Whenever there is an area of the law that is unclear, everyone benefits from some clarity,” said Greene County Prosecutor David Hayes. “My clients have buildings and facilities open to the public that are potentially going to see this issue come up.”
Specifically, the request asks for clarification on the authority of the Ohio Civil Rights Commission to enforce cases of sex and gender discrimination, and whether or not policies limiting use of restrooms, changing rooms, or locker rooms to someone’s assigned birth gender would violate Ohio law. The filing also asks whether or not those violations would come with civil liabilities, and clarity on definitions of sex discrimination and public accommodations.
An Attorney General opinion is not legally binding and has no effect on private litigation, but the mechanism allows public officials to seek clarity in matters of state law, Hayes said. Attorney General opinions do provide “valuable advice to public officials and are useful in guiding the actions of those officials,” according to the Attorney General’s website.
Opinions are also not binding in court; however courts “usually give formal opinions careful consideration,” per the Ohio AG’s website.
Transgender rights law has received renewed attention in the Miami Valley after a civil action was filed against Bethel Local Schools in Miami County over the district’s transgender restroom policy. The suit was filed in the U.S. District Court for Southern Ohio by conservative litigation group America First Legal.
Additionally, in Greene County, the city of Xenia has raised questions around transgender use of public accommodations after the Xenia YMCA sparked controversy with its locker room policy, citing Ohio civil rights law in its defense of allowing a trans woman to use the women’s locker room earlier this year.
The time it takes for the AG’s office to respond to requests varies, a spokesperson for Dave Yost’s office said Thursday. Attorneys with the AG’s office “conduct a thorough and detailed review of the law relevant to the questions presented,” according to their website, after which they prepare a draft opinion for the Attorney General’s review. The opinion receives several levels of review before it is presented to the Attorney General for approval and signature, according to their website.
Pending opinion requests are available on the Ohio Attorney General’s website, and parties interested in a request for opinion can submit comments to the AG’s office online.
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