A Franklin County judge ruled Tuesday that Ohio’s ban on gender-affirming care for transgender minors can take effect immediately.
Franklin County Court of Common Pleas Judge Michael Holbrook rescinded an earlier restraining order temporarily blocking the law, which also bans transgender girls from participating in female sports. The American Civil Liberties Union of Ohio plans to appeal the decision.
Holbrook, a Republican, ruled that Ohio’s new ban doesn’t violate the Ohio Constitution’s health care freedom amendment or an Ohio law requiring legislation be limited to a single subject.
“The court finds the health care ban reasonably limits parents’ rights to make decisions about their children’s medical care consistent with the state’s deeply rooted legitimate interest in the regulation of medical profession and medical treatments,” Holbrook wrote in his order.
The Ohio law prevents doctors from prescribing hormones, puberty blockers or gender reassignment surgery for patients under 18.
The American Civil Liberties Union of Ohio sued the state on behalf of two Ohio transgender girls and their families, saying the law violates their right to choose their health care under the Ohio Constitution. Holbrook temporarily blocked the law in April.
The ACLU of Ohio argued that puberty blockers and hormone therapy are safe and effective approaches for treating gender dysphoria. Gender dysphoria refers to the distress a person feels when their gender identity does not match their assigned sex.
The Ohio Attorney General’s Office argued that gender dysphoria should be addressed solely through mental health interventions.
Ohio Attorney General Dave Yost applauded Holbrook’s decision.
“This case has always been about the legislature’s authority to enact a law to protect our children from making irreversible medical and surgical decisions about their bodies,” Yost spokeswoman Bethany McCorkle said. “The law doesn’t say ‘no’ forever; it simply says ‘not now’ while the child is still growing.”
Freda Levenson, legal director at the ACLU of Ohio, called the decision devastating and a genuine setback.
“This loss is not just devastating for our brave clients, but for the many transgender youth and their families across the state who require this critical, life-saving health care,” she said in a statement. “While this decision by the court is a genuine setback, it is not the end of the road in our fight to secure the constitutional rights of transgender youth, as well as all Ohioans’ right to bodily autonomy.”
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Erin Glynn is a reporter for the USA TODAY Network Ohio Bureau, which serves the Columbus Dispatch, Cincinnati Enquirer, Akron Beacon Journal and 18 other affiliated news organizations across Ohio.
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Publish date : 2024-08-06 07:38:00
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