Ohio Bans Gender-Affirming Care, Transgender Participation In Sports Amid Governor’s Veto of HB 68

Ohio bans gender-affirming care for minors and puts restrictions on the participation of transgender girls and women in sports teams after the Senate has voted 23-9 to override GOP Gov. Mike DeWine's veto against House Bill 68.

During a press conference on December 29, Gov. DeWine justified his veto by stating that signing HB 68 would imply that the state knows better than parents what is best for a child.

What WIll Happen to the Transgender Youth in Ohio?

Ohio bans care for gender-affirming minors and puts restrictions on the participation of transgender girls and women in sports teams, prompting the families of transgender children to navigate into different care options.

The Republican-controlled Senate, in a mostly party-line vote, overrode Gov. Mike DeWine's veto, enacting a law that bans hormone therapies, gender-affirming surgeries , and limits mental health care for transgender individuals under 18 years of age.

Additionally, it bars transgender girls and women from joining girls' and women's sports teams at both K-12 and collegiate levels.

The law is looking forward to taking effect in approximately 90 days, with the Republican-majority House having previously voted to override the veto.

Governor DeWine defended his veto, emphasizing the need to protect parental rights in medical decisions. However, he later signed an executive order in January prohibiting gender-affirming surgeries for those under 18, despite the absence of evidence that such surgeries were occurring in the state.

Democrats and LGBTQ+ advocates criticized DeWine for proposing administrative rules affecting both transgender children and adults.

Read Also: Alabama's Gender-Affirming Ban on Transgender Youth Takes Effect: Federal Court Rules

Ohio Families React to Transgender Ban 

The impact of the law has left families like Kat Scaglione's, with two transgender children, considering relocation out of state for more inclusive care.

On the Senate floor, a Republican senator falsely denied the existence of gender-affirming care and the gender spectrum, drawing protests from LGBTQ+ advocates.

Senate Minority Leader Nickie J. Antonio criticized the legislation as "bullying" and urged lawmakers to address more significant issues, such as mental health and substance use disorders.

Ohio joins at least 22 other states that have implemented laws restricting or prohibiting gender-affirming medical care for transgender minors, leading to legal challenges in several states. While at least 20 states have approved blanket bans on transgender athletes in K-12 and collegiate sports, a Biden administration proposal aims to counter such bans by finalizing a rule that would declare them a violation of Title IX.

Advocacy groups, like Equality Ohio, plan to explore legal and legislative options to safeguard transgender residents and their families against what they view as partisan-driven decisions overriding fairness and compassion.

The Ohio Senate has voted to override the veto on January 24, as a 60% majority vote in both houses is required to bypass the governor's veto. This legislation stipulates that physicians offering gender-affirming care for transgender youth could face disciplinary action from the relevant professional licensing board.

Notably, the bill includes exemptions for this type of care when provided to non-transgender youth. A grandfather clause allows transgender individuals already undergoing such care to continue their treatment.

Governor DeWine vetoed the bill, acknowledging concerns raised by the legislature. He expressed agreement with certain apprehensions but believed the legislation, as drafted, would adversely affect transgender youth and interfere with families' decision-making abilities after consulting with those directly impacted by the proposed law.

Related Article: Oklahoma Judge Upholds Controversial Ban on Youth Gender Transition Care