Court revives Ohio’s minor gender care ban amid appeal

COLUMBUS, Ohio — In a significant ruling delivered on Tuesday, the Ohio Supreme Court allowed the state to enforce its ban on gender-affirming care for minors during the appeal process. The legislation also prohibits transgender women and girls from participating in female sports.

The high court’s decision, with a narrow 4-3 vote, overturned a previous ruling from March that had halted the implementation of the 2023 law. This marks a success for Republican Attorney General Dave Yost, who has been vocal in describing the legal battle as a mission to “protect these unprotected children.”

Despite being on the same political team, Yost’s position diverges from that of Ohio Governor Mike DeWine, also a Republican. In December 2023, Governor DeWine vetoed the legislation known as the SAFE Act, describing his decision as thoughtful, limited, and aligning with his “pro-life” values. However, the Republican-dominated Legislature swiftly countered his veto.

Justice Pat DeWine, the governor’s son, joined three Republican justices elected in November — Joseph Deters, Megan Shanahan, and Dan Hawkins — in supporting the enforcement of the law. The dissenting voices came from Chief Justice Sharon Kennedy and Justices Jennifer Brunner and Pat Fischer.

The contested law includes prohibitions against counseling, surgery, and hormone therapy for minors, with exceptions for those already under treatment where cessation is deemed risky by a physician. Additionally, the law incorporates restrictions concerning participation in female sports.

The American Civil Liberties Union, along with ACLU of Ohio and Goodwin, a leading global law firm, filed a lawsuit against the legislation in March 2024. They argued the law unjustly denies transgender minors access to essential health care, pointing to discrimination by allowing the same medications for other uses. The case initially fell short at the trial court level, but the law was temporarily blocked by a panel from the 10th District Court of Appeals, which overturned a lower court decision permitting the law, citing a “reasonable limitation” on parental rights.

The Center for Christian Virtue, a major proponent of the legislation, celebrated the Supreme Court’s decision. “The General Assembly possesses the authority to enact laws that protect children, such as the SAFE Act,” stated Aaron Baer, President of the organization, “and the Supreme Court’s ruling aligns with the Ohio Constitution by overruling the lower court.”