(The Center Square) – Ohio Attorney General Dave Yost wants a state ban on transgender health care for minors to continue while challenges continue in the courts.
As promised last week, Yost filed a stay to an appellate court’s ruling that overturned part of a state law that bans gender-affirming surgeries, puberty-blocking medications on minors and boys playing girls sports.
An appeal is planned to the Ohio Supreme Court.
“This fight is far from over – and until it is, there’s no sense in toggling the law on and off like a light switch,” Yost said in a statement. “We urge the appeals court to clarify that the law remains in effect so there is no confusion as the case heads to the Ohio Supreme Court. We look forward to proving once again that the legislature acted properly in enacting this constitutional law, which protects our children from irreversible medical decisions. I remain confident that the law will be upheld.”
The court stopped the prescription drug ban, saying the state does not ban the same drugs for reasons, other than gender reassignment, which makes the ban inequitable. It also said the ban interferes with parents’ rights to make health care decisions for their children.
“Thus, in considering whether the 68 ban is reasonable, it is necessary to keep in mind that the law recognizes the maturity, experience, and capacity of parents to make difficult judgments and act in their children’s best interest,” Judge Carly Edelstein said in the ruling, referring to House Bill 68.
Yost immediately followed the ruling with a statement promising a state appeal and a request for a stay to stop the ruling from going into effect.
The motion before the 10th Appellate District Court in Franklin County came late Tuesday, saying the issue is of great importance and the court needs to clarify the law.
The motion also said a stay would keep the status quo after potential patients, parents, doctors and hospital have “adjusted to the world as it was in the last seven months, before this court’s decision.”
The ACLU sued in March 2024 on behalf of two families in Franklin County to stop the once-vetoed bill from taking effect in late April of that year. The lawsuit said the bill violates the Ohio Constitution’s single subject, the health care provision, the equal protection clause, and the due course of law provision.
The legislation blocks gender-affirming care for minors, including surgeries, puberty blockers, and hormone therapy.
