ACLU sues Ohio over ban on gender-affirming care for transgender minors

The American Civil Liberties Union sued the state of Ohio on Tuesday over an impending law that will restrict medical care for transgender minors.

The move comes weeks after House and Senate Republicans voted to override Gov. Mike DeWine's veto of House Bill 68. Proponents of the bill contend it will protect children, but DeWine and other critics say decisions about transition care should be left to families and their medical providers.

The lawsuit was filed on behalf of two transgender girls and their families in Franklin County Common Pleas Court. Attorneys contend the bill's limits on health care violate the Ohio Constitution and want a judge to block the law from taking effect on April 24.

"We refuse to allow lawmakers to move forward with these cruel restrictions that directly harm transgender young people," said Chase Strangio, deputy director for transgender justice at the ACLU. "Families are now confronted with the extremely difficult decision of fleeing the state they call home to protect their children or allowing them to go without the care they and their doctors know is right for them."

The suit in Ohio mirrors efforts in other states to challenge laws that restrict gender-affirming care for minors. A federal judge struck down a similar policy in Arkansas, arguing it violates the constitutional rights of transgender youth and their families. The state is appealing that decision.

What does House Bill 68 do?

House Bill 68 prevents doctors from prescribing hormones, puberty blockers or gender reassignment surgery before patients turn 18. The legislation does not ban talk therapy, but it requires mental health providers to get permission from at least one parent or guardian to diagnose and treat gender dysphoria.

Ohioans already receiving hormones or puberty blockers can continue, as long as doctors determine stopping the prescription would cause harm. Critics say that's not enough to protect current patients because health care providers could be wary of legal consequences.

The bill also bans transgender girls from playing on female sports teams in high school and college. It doesn't specify how schools would verify an athlete's gender if it's called into question. Players and their families can sue if they believe they lost an opportunity because of a transgender athlete.

Currently, the Ohio High School Athletic Association allows transgender girls to join female teams if they've completed at least one year of hormone therapy.

The ACLU lawsuit doesn't specifically challenge the athlete ban. But it argues that House Bill 68 violates the single-subject rule, which requires legislation to address only one topic. House Republicans introduced separate bills on gender-affirming care and transgender athletes before combining them into one.

Advocates speak out against DeWine's proposed rules

As the fight over House Bill 68 plays out, advocates continue to push back against rules proposed by DeWine's administration following his veto.

One proposal would bar transgender minors from getting gender transition surgery and regulate their medical care. That includes a required six months of counseling before further treatment occurs. Hospitals and clinics that provide transition care must have an endocrinologist or mental health provider on staff or available for referral.

Another measure would require providers to report data on gender dysphoria diagnoses and treatment. The information would exclude patient names, addresses and other identifying details.

DeWine's original plan set rules for transgender adults, but state officials changed that after significant blowback. Still, opponents flocked to a public hearing last week and said the proposals would burden transgender patients and their health care providers.

A panel of lawmakers known as the Joint Committee on Agency Rule Review is tentatively scheduled to take up the rules during its April 15 meeting.

Haley BeMiller 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.

This article originally appeared on The Columbus Dispatch: ACLU sues Ohio over ban on gender-affirming care for transgender kids