(The Center Square) – An appeals court Tuesday stopped Ohio’s ban on gender-affirming care for minors.
The ruling comes after a Franklin County judge refused in August to permanently block House Bill 68, which banned transgender-affirming care for minors and boys competing in girls sports.
Ohio Attorney General Dave Yost promised to appeal.
“This is a no-brainer – we are appealing that decision and will seek an immediate stay,” Yost said. “There is no way I’ll stop fighting to protect these unprotected children. Ohio’s elected representatives properly passed legislation protecting children from irreversible chemical sex change procedures, and the trial court upheld the law. But now the 10th District Court of Appeals has just greenlighted these permanent medical interventions against minors.”
A three-judge panel on the 10th District Court of Appeals blocked the law.
“Today, we celebrate this win not only for our brave plaintiffs but for all LGBTQ+ Ohioans and their families,” ACLU-Ohio Legal Director Freda Levenson said in a statement. “This win restores the right of trans youth in Ohio to choose vitally important health care, with the support of their families and physicians. We are gratified by the court’s decision, which soundly rejects this interference of politicians with Ohioans’ bodily autonomy. Although this litigation will likely not end here, we remain fervently committed to preventing this egregious bill from ever again taking effect. The path towards protecting the rights and civil liberties of trans Ohioans goes on, and we will continue to hold the torch.”
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.
In December 2023, Gov. Mike DeWine vetoed the bill and a week later issued an executive order that banned gender-affirming surgeries on minors and developed corresponding health care rules for children and adults.
The Republican-majority Senate easily voted to override the veto in late January. The House, also majority Republican, did the same earlier in the month.
The ACLU calls gender-affirming care lifesaving health care supported by major medical associations nationwide, including the American Medical Association, the American Academy of Pediatrics and the American Psychological Association.
