Ohio Families File Lawsuit Against HB 68 that Bans Transgender Care

Ohio Families File Lawsuit Against HB 68 Transgender Care

By Jackelyn Cornejo , Parent Herald Mar 26, 10:45 pm

Photo: (Photo : J Pat Carter/Getty Images )

The ACLU, ACLU of Ohio, and Goodwin law firm cooperatively filed a lawsuit on Tuesday challenging House Bill 68 in Ohio. This legislation constrains gender-affirming medical care for transgender minors and also bars transgender girls from cooperating in girls' and women's sports.

The lawsuit particularly targets the medical care limitations and urges the Franklin County Court of Common Pleas to disqualify the law, known as the SAFE Act, before its scheduled implementation on April 24, 2024.

Ohio Families Submit Legal Action Against House Bill 68

Under the bill, physicians offering gender-affirming care to transgender youth could face disciplinary action from their respective licensing boards. However, exclusions are made for related care given to non-transgender youth, and a grandfather clause permits transgender people already undergoing medication to continue.

The lawsuit represents two families who argue that their children's access to essential healthcare is endangered by the law, alleging violations of several sections of the Ohio Constitution, including equal protection and due process clauses.

Freda Levenson, Legal Director at ACLU of Ohio, emphasized that medical decisions should remain private and between families and healthcare providers, vowing to uphold transgender youth's access to vital healthcare.

One child represented in the lawsuit attested to the positive impact of puberty blockers on mental health, expressing concerns about potential health repercussions if denied access to hormone therapy in the future.

Despite a veto by Republican Governor Mike DeWine, the Republican-controlled Ohio House and Senate overrode it, prompting the legal challenge.

DeWine voiced worries about the legislation's judicial ramifications and its potential harm to transgender individuals. The bill's proponents disagree with more studies on gender-affirming care, while critics highlight the documented advantages of such medication and warn against the adverse impacts of limiting them.

Limiting Transgender Youth from Accessing Gender-Affirming Healthcare

Ohio joins a growing number of states implementing laws restraining gender-affirming healthcare for transgender youth, a move criticized by medical associations intensifying its safety and effectiveness in improving the well-being of transgender people.

DeWine vetoed the law on December 29 after visiting children's hospitals across the state and meeting with families of children with gender dysphoria. He framed his veto as a considered, limited, and "pro-life" action, citing the increased suicide risks associated with inadequate treatment for gender dysphoria.

DeWine also announced plans to implement administrative measures to prohibit transgender surgeries until individuals reach the age of 18 and to enhance the state's regulation and monitoring of gender-affirming treatments for both minors and adults.

However, this plan was quickly abandoned after objections from transgender adults regarding the potential impact of state regulations on their lives and health.

Ohio became the 23rd state to prohibit gender-affirming healthcare for transgender youth, reflecting a broader trend among Republican-controlled state legislatures aimed at curtailing what they perceive as harmful to children. Despite DeWine's veto, Ohio lawmakers easily overrode it, demonstrating their commitment to the bill.

The families, identified under the pseudonyms Moe and Goe, who filed the lawsuit on Tuesday, requested the court to issue a temporary restraining order to prevent enforcement of the bans when they officially take effect on April 24 and to declare the law unconstitutional.