COLUMBUS, Ohio — A significant legal move has taken place concerning Ohio’s legislation that banned gender-affirming care for minors, as a panel of judges determined the law to be unconstitutional and ordered its permanent block. This decision affects both the provision of gender-related health care and the participation of transgender women and girls in female sports.
The announcement was met with opposition from the state’s attorney general, who immediately pledged to appeal the ruling. Last summer, the 10th District Court of Appeals had permitted the law to go into effect, citing a “reasonable limitation” on parental rights. However, the recent intervention by the appellate judges reverses that decision.
The controversial law affected multiple aspects of care for transgender minors, including prohibitions on counseling, surgical procedures, and hormone therapies. Exceptions were allowed only for those already under treatment, provided doctors warned against ceasing such treatments. This drew pushback from several advocacy groups, including the American Civil Liberties Union and the law firm Goodwin, who argued that targeting these medical options specifically against transgender youth was discriminatory.
Judge Edelstein, who authored the overturning opinion, pointed out that the law unfairly targets the use of identical medications solely when applied for gender transition purposes. She further argued that the law fails the balance test between state powers and parental rights when it comes to minor health care decisions.
Addressing critics who claim minors lack the understanding of long-term effects related to these medical procedures, Edelstein emphasized that parental judgment plays a critical role in decision-making on behalf of their children. She highlighted the recognition of parental maturity and capacity in law, especially in matters concerning the welfare of children.
The result was celebrated by the ACLU, which described the decision as “historic.” According to Freda Levenson, ACLU of Ohio’s legal director, the ruling reinstates the ability of transgender youth in Ohio to access essential health care, with their family and physician getting due consideration.
This verdict stands as the second significant judicial defeat for Ohio’s gender-affirming care ban. Earlier, Governor Mike DeWine vetoed the similar legislation. He voiced concerns about the mental health impacts, particularly the increased suicide risk among minors denied such treatment. DeWine’s veto came after engagements with families and medical professionals across the state.
Despite the governor’s veto, Ohio lawmakers were quick to override, marking Ohio as one of 23 states implementing such a ban on healthcare for transgender youth. Ohio Attorney General Dave Yost, who is eying the governorship, promptly announced plans to contest the panel’s ruling, emphasizing his resolve to fight for what he perceives as the protection of vulnerable children.
While Yost vows to continue the legal battle, Levenson and her organization remain steadfast in their commitment to ensuring the law does not resurface in the future. The dispute is expected to evolve as the appeals process unfolds.
