Ohio budget plan would 'recognize two sexes,' restrict LGBTQ+ library books

COLUMBUS, Ohio (WCMH) -- Ohio's latest budget proposal would define gender as two sexes, require libraries to limit access to LGBTQ+ books, and prohibit state agencies from flying certain flags.

House Finance Committee members folded countless provisions last week into House Bill 96, legislation meant to outline Ohio's budget for the 2026 and 2027 fiscal years. However, Equality Ohio executive director Dwayne Steward argues the proposal "is the most reckless bill to come out of the Ohio legislature" given the document is home to the following "anti-LGBTQ+" directives:

• Codify state policy recognizing two sexes, male and female, and that "these sexes are not changeable and are grounded in fundamental and incontrovertible reality."
• Require public libraries to place material "related to sexual orientation or gender identity or expression in a portion of the public library that is not primarily open to the view of the persons under the age of 18."
• Bar funding to youth homeless shelters "that promote or affirm social gender transition."
• Prohibit state agencies from displaying any flag, like a Pride flag or other political symbols, except for Ohio, U.S. and POW/MIA flags.

"These policies threaten free access to information, the mental health of houseless and vulnerable youth, and even the ability of trans people to access medical care and social support," Steward said. "Let's be clear, no public funds should be weaponized to dismantle our rights or erase our existence. This is censorship. This is harm."

House Speaker Matt Huffman (R-Lima) argued it's admissible for the fiscal document to include a sex provision given "it's accepted science that there are two genders." When asked about the 2% of people worldwide that are born intersex, Huffman said he doesn't "think that those folks are going to lose their rights" and that they "should come in and testify about the bill."

"This simply ends the discussion in the state of Ohio which I think most voters, most citizens of Ohio agree with, and it also prevents us from having months and months and weeks of arguments if we do it in a bill or otherwise," Huffman said.

Rep. Brian Stewart (R-Ashville), House Finance Committee chair, argued the provisions are "common sense" and said the sex provision helps Ohio conform with a Trump administration order that also recognizes two sexes. The legislator also said HB 96's flag rule is a means to remove "some of this divisiveness out of our discourse."

"Whether it's a conservative-coded flag or a liberal-coded flag, let's just go back to our public buildings [being] for everybody," Stewart said. "The flags that fly outside should be symbols that are broadly accepted by everybody rather than sort of inserting government into these more divisive ideas."

Rep. Bride Rose Sweeney (D-Westlake), House Finance Committee ranking member, said the proposal continues the Statehouse's "attack on our LGBTQ+ community" and argued the provisions have "no place anywhere in state code." Sweeney said "anything of that nature should be a standalone bill" and is calling on Republican lawmakers to remove the measures from the budget.

"Anything that has nothing to do with substantive funding of government, which all of those provisions have no correlation at all, I would ask why they feel the need to put this into the state budget," the legislator said. "They should do a standalone bill, have people be able to come in and testify for or against that piece of legislation."

Minority Leader Allison Russo (D-Upper Arlington) said the provisions are "a bunch of red meat for some of their members" and a "distraction from all the stuff they aren't actually doing and the damage that this budget is doing to real people."

The committee will continue debating HB 96 before the proposal proceeds to the House floor. Once passed by the House, the budget will go under consideration in the Ohio Senate.