The Cowardice of America's Political Class: Ohio’s Bathroom Ban as a Blueprint for a Sick System
America’s political class has long relied on a cynical tactic that epitomises their cowardice: burying divisive measures within the framework of “must-pass” bills. The recent passage of Ohio’s SB104—a trans bathroom ban attached to the College Credit Plus programme—is only the latest example of this manoeuvre, which has become a staple of governance both at the state and federal levels. Whilst it may seem like a quirk of an overly complex system, this practice is anything but accidental. It’s a calculated strategy to avoid accountability whilst enacting policies that are too unpopular to stand on their own.
This tactic has a sick history across American politics. At the federal level, essential spending bills have been used to ram through unrelated measures, from environmental deregulation to cuts in social programmes. In state legislatures, controversial amendments often find themselves tacked onto bills intended to fund schools, roads, or healthcare. The reasoning is simple: opposing these bills means risking political suicide. When lawmakers vote against these Frankensteined monstrosities, opponents weaponise their votes in campaign ads, painting them as enemies of progress, children, or public safety. Voting against SB104, for instance, would undoubtedly be framed as “voting against helping students earn college credit.” The strategy works because it preys on the public’s lack of awareness about the contents of these bills.
Adding insult to injury, the names of these bills are often Orwellian in nature. Ohio’s SB104 was cynically titled the “Protect All Students Act,” a moniker that masks its true intent: to deny transgender students basic rights. This pattern repeats endlessly, with “freedom: bills that restrict rights, “safety” acts that endanger, and “protection” laws that target the most vulnerable. This isn’t a broken system—it’s a sick one, functioning exactly as designed to enable deceit and cowardice while sidestepping democratic accountability.
The “Coward’s Path” of Governance
America’s political class has long walked the “coward’s path,” hiding their most divisive policies in the shadowy corners of “must-pass” legislation. From state legislatures to Congress, lawmakers consistently exploit this tactic, shielding themselves from direct accountability while enacting measures they know would fail under public scrutiny. Ohio’s SB104 is merely the latest chapter in a storied tradition of political deceit, proving that the real art of governance in America lies not in statesmanship, but in procedural trickery.
For decades, this tactic has enabled legislators to pass wildly unpopular or controversial policies with little resistance. Anti-abortion measures have been slipped into healthcare funding bills, environmental protections have been gutted through last-minute riders on budget proposals, and voting rights restrictions have been buried in election reform acts. These tactics are not limited to one party or ideology but reflect a bipartisan embrace of deception. Ohio’s SB104, attaching a trans bathroom ban to a bill ostensibly designed to help students earn college credit, is simply the latest iteration of this playbook. Lawmakers know that no sane legislator would openly vote against expanding educational opportunities for high school students, so they tuck their most regressive policies into bills too important to fail.
It’s worth noting how absurdly selective this tactic is. Transgender people, who represent an already vulnerable population, are continually targeted by these underhanded legislative assaults. It makes one wonder—where’s the “I’ve Got to Pee Act of 2024”? Perhaps we could pass a law ensuring the right of a trans woman and tax paying citizen like me to use a publicly financed toilet in peace. Of course, such a measure would likely be derided as a “special interest” bill, despite its grounding in basic human dignity. The reality is, no such straightforward legislation will ever reach a vote because America’s lawmakers would rather legislate through subterfuge than transparency.
SB104’s attachment to the College Credit Plus programme isn’t just cowardly—it’s emblematic of a system designed to avoid accountability while ensuring harm. By hiding discriminatory policies behind innocuous-sounding titles, lawmakers can plausibly deny their intent, all while claiming their hands were tied by the necessity of passing the larger bill. This coward’s path isn’t just a failure of governance; it’s a deliberate betrayal of public trust.
The Mechanics of a “Sick System”
The American political system isn’t broken—it’s functioning exactly as designed, prioritising re-election and the interests of the powerful over governance and the public good. By attaching polarising measures to broadly supported bills, lawmakers ensure that controversial policies pass without meaningful debate or scrutiny. These tactics exploit voter fatigue, confusion, and the sheer complexity of legislative processes, all while shielding legislators from accountability. Most Americans only learn about the harmful provisions buried in these bills long after they’ve become law—if they learn about them at all (like the MAGA crowd of seniors in my small rural town just finding out the Cheeto Dictator’s plans for Medicare cost caps after they voted for him. Ugh.).
This isn’t just a problem of cultural wedge issues like Ohio’s SB104. The sickness extends into economic policy, where corporate interests and the ultra-wealthy manipulate the same mechanisms to entrench their power. A recent example can be found in California, where institutional investors and billionaire landlords used deceptive ballot initiatives to undermine the state’s rent control laws. Two measures were introduced, ostensibly to “save rent control,” but their actual intent was the exact opposite: to erode tenant protections and allow landlords to increase rents unchecked. Backed by massive campaign war chests, these propositions were accompanied by relentless advertising campaigns designed to mislead voters. Phrases like “protecting renters’ rights” were plastered across billboards and screens, whilst the fine print revealed the measures’ true purpose—to dismantle rent control and drive up profits for landlords and investors.
This tactic is particularly virulent in the post-Citizens United era, where unlimited political spending has empowered corporations and the wealthy to dominate the narrative. Institutional investors knew they couldn’t openly campaign to abolish rent control—such a move would be politically toxic. So, they played the same sick game as Ohio lawmakers: masking their agenda in language designed to exploit voter goodwill and burying the true impact in pages of legalese. It’s a strategy born of the same twisted system that allowed SB104 to pass under the guise of an education initiative.
These examples reveal the deep interconnectedness of political cowardice and the corrupting influence of money in American politics. Whether it’s disenfranchising vulnerable populations or dismantling tenant protections, the mechanics of this system are finely tuned to serve those with power and wealth at the expense of everyone else. The problem isn’t incompetence or mismanagement—it’s a deliberate calibration of the system to ensure that those who control it remain untouchable. Until there is meaningful reform to address these structural issues, the sickness will only spread, leaving voters to pay the price for decisions made in boardrooms and backrooms far removed from democratic accountability.
Ohio as a Harbinger of What’s to Come
Ohio’s SB104 isn’t just a state-level issue—it’s a warning shot for what’s coming. The bill, which bans transgender individuals from using bathrooms that align with their gender identity on college campuses, was passed with lightning speed in the immediate aftermath of the 2024 elections. This isn’t a coincidence. Republican-controlled legislatures, emboldened by their election results and bolstered by a coordinated $215 million anti-trans ad campaign, are clearly signalling their intent to escalate attacks on LGBTQ+ rights across the country. Ohio is just the first domino to fall.
The timing alone is chilling. It took less than a week after the election for Ohio lawmakers to push SB104 through a lame-duck session, wasting no time in taking advantage of their renewed “mandate.” This swiftness speaks to a calculated strategy. The post-election period is a golden opportunity for lawmakers eager to test the waters of their emboldened majorities, and Ohio’s legislature has set the tone for what’s likely to become a nationwide trend.
The 2024 elections solidified Republican dominance in numerous red states, creating fertile ground for copycat legislation. Given how rapidly SB104 advanced, how many more of these bans will we see before the year’s end? States like Texas, Florida, and Tennessee—already at the forefront of anti-trans laws—are almost certain to follow suit. But even less predictable states, such as North Carolina, North Dakota, Louisiana, and Mississippi, which have flirted with similar policies in the past, may now feel emboldened to join this race to the bottom.
For transgender individuals, particularly trans women, this raises an urgent and deeply personal question: Where in the United States is it safe to simply use the toilet? Whilst blue states like California, Massachusetts, and New York remain relatively secure, the patchwork nature of these laws means that travelling becomes a perilous game of navigating rights and restrictions. Even ostensibly “neutral” states like Pennsylvania or Nevada could quickly turn hostile with the wrong legislative shift.
The psychological toll of this uncertainty is immense, reminiscent of the fear and vigilance required to navigate the old Sundown Towns in Jim Crow America. Laws like SB104 don’t just chip away at the basic dignity of transgender people—they create a landscape of hostility that forces us into a constant state of hyper-awareness. For trans women like me, something as simple as using a public restroom—a mundane necessity for most—becomes a calculated risk. It feels as though we are being pushed into a future where we might need our own version of the Green Book, a guide to navigate “safe” places in a growing sea of legislative hostility.
Do I avoid entire states known for their anti-trans laws? Do I meticulously research every pit stop on a road trip to ensure I won’t face harassment or worse? Do I memorise a mental map of “safe” bathrooms in cities I frequent, knowing full well that “safe” might not even last from one legislative session to the next? These aren’t abstract concerns. They’re the daily reality for millions of transgender Americans, who are being systematically erased from public life under the guise of “protecting” others.
Compounding this anxiety is the troubling geography of airline hubs in the United States. Delta in Atlanta, American in Dallas-Fort Worth, Southwest in Houston, United in Denver—all are located in states either actively hostile to or on the verge of hostility toward my ability to safely use a toilet. Even the act of flying, which should symbolise freedom of movement, becomes an exercise in navigating potential threats. What happens if I’m stranded on a layover in a state where a law like SB104 is enforced? What happens if the only bathroom available is a battleground for my existence?
This creeping patchwork of hostility isn’t just a return to an era of exclusion; it’s a deliberate effort to recreate it in modern form. The parallels to Sundown Towns, where people of colour were warned to leave by sunset or face violence, are unmistakable. Today’s transgender Americans are being warned in more subtle but equally insidious ways: Stay out. You don’t belong here. Your rights end at the state line.
The coordinated nature of this attack is perhaps the most alarming aspect. The $215 million spent on anti-trans advertisements leading up to the election didn’t just reflect public sentiment—it helped shape it. By flooding airwaves and digital spaces with fear-mongering messages, conservative organisations laid the groundwork for legislation like SB104. This level of coordination between political strategists, lawmakers, and advocacy groups demonstrates a chilling intent to make anti-trans policies a core pillar of the post-election agenda.
Ohio’s SB104 isn’t an outlier; it’s a blueprint. As similar bills proliferate across red states, trans individuals will find themselves increasingly boxed in, their rights subject to the whims of hostile legislatures. The rapidity with which this law passed should serve as a wake-up call for advocates and allies. The fight for basic dignity isn’t just a local battle—it’s a national one, and it’s accelerating.
Implications Beyond Bathrooms
Today, it’s bathroom bans. Tomorrow, it could be something even more absurd, yet equally sinister. Why stop at education bills when you can attach attacks on civil rights to virtually anything? Imagine the “Bridges for Freedom Act” that includes a provision to ban same-sex couples from adopting. Or the “Highways to Justice Act” that sneakily guts affirmative action in federal contracting. How about the “Save Our Schools Act,” which funds public education only in districts that adopt anti-LGBTQ+ policies? The possibilities are as limitless as they are horrifying—and all designed to circumvent meaningful public debate.
This tactic transforms the legislative process into a tool for oppression rather than representation. It allows lawmakers to implement regressive policies whilst avoiding direct accountability, leaving voters scratching their heads when they discover what’s actually been passed in their name. It’s a strategy steeped in cynicism, designed to prioritise the interests of a select few while disenfranchising the many.
But none of this is new. From the earliest days of American history, the “media” has served as the mouthpiece of the wealthy and powerful, shaping public perception to serve their ends. In colonial times, newspapers were owned and operated by the same wealthy landowners who dictated public policy, ensuring the narrative always aligned with their interests. Fast forward to today, and the media landscape may look different—flashier, more digital—but its function remains the same. Billionaire-owned news outlets amplify the voices of the powerful while suppressing dissenting views, feeding the public a curated version of reality.
Take, for example, the anti-trans advertising blitz leading up to the 2024 elections. With $215 million behind it, this campaign flooded airwaves with fear-mongering, designed not to inform but to manipulate. It echoed the same propaganda tactics that have been used throughout American history to sow division and maintain control. The bathroom bans and their ilk are just the latest chapter in a long story of using media as a weapon of the elite.
This isn’t governance; it’s a game—a sick one at that—played by those in power to maintain their dominance. Bathroom bans are just the beginning. As long as the legislative process remains a tool for those willing to exploit it, there’s no telling what rights will be stripped away next, all under the guise of building bridges, fixing roads, or saving schools.
Calling Out the Cowardice
These tactics fundamentally undermine trust in democracy. When lawmakers use procedural sleight-of-hand to pass controversial measures like Ohio’s SB104, they erode faith in the transparency and fairness of the legislative process. Voters are left feeling disempowered, betrayed, and, most critically, alienated from the very institutions meant to serve them. Worse, this normalises legislative malpractice, setting a dangerous precedent for future policymaking. With each new generation of this cynical governance, the country becomes less and less livable for regular working-class folks, who find themselves increasingly at the mercy of a system that prioritises backroom deals over public accountability.
It’s not just the laws themselves that matter—it’s the precedent they set. A system that enables lawmakers to quietly attach harmful policies to must-pass bills becomes a breeding ground for more of the same. Bathroom bans today could lead to restrictions on voting rights, workers’ protections, or even healthcare access tomorrow. For the majority of Americans struggling to get by, this kind of legislative malpractice compounds the difficulties of an already precarious existence, making everyday life harder and less dignified.
The role of political media and advocacy in this landscape is critical, yet deeply flawed. Media coverage often focuses on the surface-level content of these bills—their names, their purported goals—but rarely goes beyond the summary. Few journalists interrogate the fine print or the shady methods used to pass them, leaving the public unaware of the deeper systemic cowardice at play. Advocacy groups and independent journalists must step up to expose the rot at the heart of the process, bringing to light not just the bills but the ways they are weaponised against vulnerable communities.
This is especially urgent in the face of proposals like Project 2025 and the rhetoric of figures like the Orange Man, who seeks to silence dissent altogether. His campaign’s thinly veiled attacks on free speech—labeling those who write about trans issues as “pornographers” under the guise of “protecting the children”—show how easily legislative cowardice can escalate into outright authoritarianism. Holding the system accountable means more than opposing harmful laws; it requires demanding structural reforms to prevent their passage in the first place. Without systemic change, the cowardice of today’s lawmakers will only embolden the next wave of repression.
Final thoughts …
Ohio’s SB104 is not the tale of a rogue state legislature run amok—it’s a stark reflection of the systemic cowardice embedded in America’s political class. The practice of attaching controversial measures to essential, broadly supported bills is not a malfunction of the system; it’s a deliberate feature. This is governance designed to avoid accountability, to subvert public debate, and to ensure that those in power remain untouchable while quietly dismantling the rights of vulnerable communities. Unless voters and advocates demand transparency and integrity, this cowardly, deceptive governance will remain the status quo. And make no mistake: Ohio’s bathroom ban is just the beginning.
History offers a grim reminder of where this trajectory can lead. Fascists have always needed a scapegoat, and in their rise to power, their traditional enemies were often communists—those who dared to demand a system that prioritised the needs of the people over the whims of the oligarchs. Today, the targets may have shifted, but the playbook remains the same. LGBTQ+ communities, immigrants, and anyone who resists the status quo find themselves in the crosshairs of a system increasingly tailored to serve the interests of the ultra-wealthy and corporate elite. These tactics—stripping rights through sleight-of-hand legislation and silencing dissent under the guise of protecting children or families—are not about governance. They are about control.
It’s time to rethink how we want this country to work and for whom it should work. Do we continue down a path where billionaires and corporate interests dictate policy, exploiting fear and division to protect their wealth and power? Or do we demand a system that serves the people—a system built on transparency, equity, and accountability? Ohio’s SB104 is a warning: if we remain passive, the oligarchs will solidify their hold on every aspect of public life. But if we push back, challenge the cowardice of this governance, and build solidarity, we can rewrite the rules to prioritise dignity, fairness, and justice for all. The choice is ours.