(The Center Square) – Ohio Attorney General Dave Yost wants the state Supreme Court to narrow a temporary injunction that stops the state’s ban on minor transgender health care and boys playing on girls’ sports teams.
Yost filed an emergency motion Monday with the Supreme Court, saying Franklin County Common Pleas Judge Michael Holbrook overstepped his authority last week when he put a two-week stop on the bans for the entire state.
Yost says the injunction should apply only to the two families affected by certain medical provisions of the law.
“One judge from one county does not have more power than the governor’s veto pen,” Yost said.
Yost also said the injunction harms Ohioans by preventing the law from taking effect.
Before the injunction, the law was scheduled to take effect Wednesday.
The ACLU-Ohio, however, said the ruling means the group is likely to win its lawsuit that argued the law violated the state constitution because it covered more than one subject.
“We are thrilled and relieved that Ohio’s ban on gender-affirming health care has been halted and that transgender youth can continue, for the near term at least, to access medically necessary healthcare,” said Freda Levenson, legal director for the ACLU of Ohio. “Our legal battle will continue until, we hope, this cruel restriction is permanently blocked. Ohio families have a constitutional right to make personal health care decisions without government intrusion.”
State Rep. Gary Click, R-Vickery, in a statement said, “We are disappointed but not surprised by this decision. The battle to protect children’s rights is a marathon, not a sprint. Based on what I have seen in other states I have anticipated some early disappointments to be followed by eventual victories. This is a temporary measure, and the court has not made its final decision. We have our eyes on the finish line rather than the mile markers.”
House Bill 68 became law after House and Senate Republicans voted to override the veto of Republican Gov. Mike DeWine in December and later issued an executive order that banned gender-affirming surgeries on minors and developed corresponding health care rules for children and adults.
