Franklin County judge rules Ohio’s gender-affirming health care ban for trans youth can take effect
COLUMBUS, Ohio — DECEMBER 13: Advocates for the trans community protest outside the Senate Chamber and repeatedly shouted “shame” when they heard that lawmakers had passed HB 68 that bans gender-affirming care for transgender youth and bars transgender kids from participating on sports teams, December 13, 2023, at the Statehouse in Columbus, Ohio. (Photo by Graham Stokes for Ohio Capital Journal. Republish photo only with original article.)
A Franklin County judge ruled Tuesday that Ohio’s controversial ban on gender-affirming health care for transgender youth can take effect.
Republican Franklin County Court of Common Pleas Judge Michael Holbrook originally issued a temporary restraining order on all parts of House Bill 68 on April 16, but on Tuesday he ruled the TRO has been vacated.
“Upon careful review and consideration of the evidence, 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,” according to court documents. “This limitation is especially appropriate when the General Assembly has determined the care regulated is experimental and its risks far outweigh any benefit at this stage of clinical study.”
The ACLU of Ohio plans to appeal the decision immediately.
“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,” Freda Levenson, Legal Director at the ACLU of Ohio, 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.”
House Bill 68 — which became law after the House and the Senate voted earlier this year to override Ohio Gov. Mike DeWine’s veto — prevents transgender youth from starting hormone therapy and puberty blockers, and stops transgender athletes from playing middle and high school sports.
Back in March, the ACLU of Ohio filed a lawsuit against the portion of House Bill 68 that prohibits gender-affirming care for transgender youth in the Franklin County Court of Common Pleas. Their lawsuit said the law violates four sections of the Ohio Constitution — the single-subject rule, the Health Care provision, the Equal Protection Clause, and the Due Course of Law provision.
The court found this did not violate the Single Subject Rule, the Health Care Freedom Amendment, the Equal Protection Clause, or the Due Course of Law.
“The Court finds that upon weighing the evidence received at trial, the Health Care Ban is rationally related to this interest. It is limited to minors,” according to court documents. “Moreover, the medical care banned carries with it undeniable risk and permanent outcomes.”
The case went to trial last month for five days.
Ohio Attorney General Dave Yost praised the 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’s spokesperson Bethany McCorkle said in a statement.
“The law doesn’t say ‘no’ forever; it simply says ‘not now’ while the child is still growing.”
Ohio Senate Democratic Leader Nickie J. Antonio, of Lakewood, said the ruling is a step backward for Ohio.
“This law disregards the professional guidance of medical experts and the lived experiences of transgender individuals and upends parental rights while endangering the health and well-being of our youth,” Antonio said in a statement. “I believe this ruling is wrong on the merits, and it clearly defies the will of the majority of Ohioans.”
Gender-affirming care is supported by every major medical organization in the United States. Children’s hospitals across Ohio, the Ohio Children’s Hospital Association, and the Ohio Academy of Family Physicians all opposed HB 68.
Trans Allies of Ohio was shocked by the court’s decision.
“I am worried that more children will attempt suicide now that they no longer have access to gender-affirming medical care,” Sam Shim, a parent of a transgender youth, said in a statement.
Minna Zelch, the parent of a transgender young adult, said her child would likely not be here today if she had not been able to access gender affirming care as a teenager.
“I’m devastated that children and parents I know and love will now be denied this most basic human right,” Zelch said in a statement.
Follow OCJ Reporter Megan Henry on X.
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