Ohio’s Gender-Affirming Care Ban Upheld by Judge; Civil Rights Group Announces Plan to Appeal Immediately

This blog originally appeared at AP News.

COLUMBUS, Ohio (AP) — On Tuesday, a county judge ruled that an Ohio law restricting gender-affirming health care for minors can go into effect.

The American Civil Liberties Union of Ohio has announced plans to file an immediate appeal.

The law prohibits transgender surgeries and hormone treatments for individuals under 18, except for those already undergoing such treatments where discontinuation could pose a risk, as determined by a doctor. It also imposes limitations on the types of mental health services available to minors.

Passed by state lawmakers in January, the law also bans transgender athletes from participating in girls’ and women’s sports, following an override of a veto by Republican Governor Mike DeWine.

In his ruling, Franklin County Judge Michael Holbrook stated that the ban “reasonably limits parents’ rights to make decisions about their children’s medical care” in line with the state’s legitimate interest in regulating medical practices and treatments.

The organizations challenging the law argue that it denies essential health care to transgender youth and specifically discriminates against their access to such care. The lawsuit also contends that combining the two bans breaches Ohio’s single-subject rule for legislation.

“This decision is not only a blow to our courageous clients but also to countless transgender youth and their families throughout the state who depend on this essential, life-saving health care,” said Freda Levenson, Legal Director at ACLU of Ohio.

In response, the office of Republican Ohio Attorney General Dave Yost stated that “this case has always centered on the legislature’s authority to enact laws aimed at protecting children from making irreversible medical and surgical decisions about their bodies.”

Ohio Governor Mike DeWine vetoed the law at the end of 2023 after visiting children’s hospitals and speaking with families affected by gender dysphoria. DeWine described his decision as thoughtful, limited, and “pro-life,” highlighting the suicide risks associated with not receiving appropriate treatment for gender dysphoria.

DeWine also announced plans to implement an administrative ban on transgender surgeries for individuals under 18 and to enhance state regulation and monitoring of gender-affirming treatments for both children and adults. He hoped these measures would address concerns from Republican colleagues in the Ohio Statehouse. However, the administration quickly abandoned this plan after transgender adults expressed significant worries about how such regulations could impact their lives and health.

Following DeWine’s veto, Ohio lawmakers remained resolute, successfully overriding it and making Ohio the 23rd state to enact a ban on gender-affirming health care for transgender youth.

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