In Columbus, Ohio, an appellate court struck down a state-imposed ban on gender-affirming care for minors, declaring the legislation unconstitutional. This law, which also prohibited transgender women and girls from participating in female sports, faced opposition from multiple organizations challenging its legality. Despite this judicial decision, Ohio’s attorney general is preparing to appeal.
Initially, a lower court ruled in favor of the law, claiming it logically limited parental rights by ceasing gender-affirming treatments for minors, unless deemed dangerous by a healthcare provider. This ruling was overturned by a three-judge panel of the 10th District Court of Appeals after a lawsuit filed by the American Civil Liberties Union (ACLU), ACLU of Ohio, and the law firm Goodwin. They contended that the ban unfairly restricted transgender minors’ access to necessary healthcare.
Judge Carly Edelstein, forming the majority in a 2-1 vote, highlighted flaws in the lower court’s reasoning. Notably, she pointed out that the Ohio legislation discriminated by prohibiting drugs for gender transitioning but not for other purposes. Additionally, she argued that parental rights should be upheld when balanced against state intervention, emphasizing that parents hold the maturity and experience to make informed decisions for their children.
Proponents of the ban asserted that minors couldn’t comprehend the long-term implications of treatments. However, the judge countered this by affirming the trust placed in parents’ judgment. “When considering the reasonableness of the H.B. 68 ban, it is essential to acknowledge parents’ ability to make crucial decisions for their children’s welfare,” she stated.
The ACLU applauded the court’s decision, labeling it as a significant victory. Freda Levenson, the legal director of the ACLU of Ohio, remarked, “This win reinstates trans youth’s rights in Ohio to vital healthcare, with family and medical support.” She praised the court’s rejection of political interference in personal health autonomy.
This ruling is the second setback for the legislation. Late last year, Governor Mike DeWine vetoed the law after consulting with children’s hospitals and families of minors with gender dysphoria,. Despite his decision, legislators overrode the veto, making Ohio the 23rd state to enforce such a ban. Governor DeWine intended to introduce administrative measures to restrict surgeries for minors under 18 and enhance oversight of gender-affirming treatments for all ages but later withdrew these plans following concerns from the transgender community.
Attorney General Dave Yost, who is vying for DeWine’s role in the upcoming year, expressed his intent to contest the court’s decision, arguing vehemently for the protection of what he considers vulnerable children. “This appeal is straightforward,” he asserted. “We will pursue a stay on the ruling and continue to defend these children.”
Acknowledging the prolonged legal battle ahead, Levenson confirmed the ACLU’s steadfast dedication to ensuring the law remains ineffective, advocating tirelessly for the rights of transgender minors in Ohio.