An Ohio child sex abuse bill could help imprison LGBTQ+ educators

A queer youth advocacy group is worried that Republicans may use a new child sex abuse law to prosecute anyone who discusses LGBTQ+ issues or sex education with minors.

The bill, House Bill 322, would create a new criminal offense called “grooming,” defined as any “pattern of conduct” that a “reasonable adult” would interpret as an attempt to “entice, coerce, solicit, or prepare the minor to engage in “sexual activity.” An offense would be punishable by six months to two years in prison.

Related:

“Don’t Say Gay” laws & groomer propaganda are just the latest in a long line of stereotypes

The right didn’t start calling LGBTQ people “groomers” out of nowhere. They’ve been doing this for centuries.

While the law’s wording seems focused on actual sexual intercourse, Erin Upchurch, executive director of Kaleidoscope Youth Center (KYC), a support center for queer youth, worries that anti-LGBTQ+ conservatives may use the law to prosecute anyone who discusses queer issues or teaches sexual education to minors. Making a bowl of condoms available to teens could also fit the bill’s definition of “preparing” a minor to have sex, Upchurch told WEWS-TV.

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“The whole idea of it being so vague — it’s so dangerous and irresponsible,” Upchurch said. “I think if this bill were to pass as it is written, one thing that would be challenging is the lack of clarity and the confusion.”

She noted that the bill does not define who a “reasonable person” is, potentially leaving the door open for anyone to accuse queer educators of trying to “prepare” minors for sex.

Upchurch’s concerns seem probable since numerous Republican officials around the U.S. have increasingly accused LGBTQ+ people, media, educators, drag queens, and their allies of “grooming” kids. Anti-LGBTQ+ activists have even accused books of “grooming” kids if they feature any non-sexual LGBTQ+ content.

Rebecca Surendorff with Ohioans for Child Protection, an anti-sex abuse organization, told the aforementioned news station that the bill would only be used to punish adults “soliciting” sex acts from a minor — that is, adults who explicity express interest in having sex with a minor.

One Republican who introduced the bill, state Rep. Bill Seitz, agreed with Surendorff’s explanation. However, the bill itself doesn’t define any evidential threshold for proving a charge of “grooming.”

As of yet, no state Democratic legislators have signed onto the bill. The bill also offers enhanced penalties for people previously convicted of child sex abuse charges or anyone who offers drugs to a child.