Ohio House voted to override Gov. Mike DeWine's veto of House Bill 68. Now what?

  • Oops!
    Something went wrong.
    Please try again later.
  • Oops!
    Something went wrong.
    Please try again later.

The Ohio House voted Wednesday to override Gov. Mike DeWine's veto of legislation that would restrict medical care for transgender minors and block transgender girls from female sports.

The move came weeks after DeWine struck down House Bill 68, which would prevent doctors from prescribing hormones, puberty blockers or gender transition surgery before patients turn 18. It also would prohibit transgender girls and women from playing on female sports teams in high school and college.

Here's what you need to know about the bill and what comes next.

What does House Bill 68 say?

Ohioans already receiving hormones or puberty blockers could continue if House Bill 68 becomes law, as long as doctors determine stopping the prescription would cause harm. 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.

For transgender student-athletes, the genitalia a child is born with determines what sports teams they can play on.

Why did the House override DeWine's veto?

DeWine said decisions about transgender medical care should be left to families and their doctors. But Republican lawmakers who back the bill say it will protect children, pointing to rare cases of adults who transitioned at a young age and decided to reverse course.

"It's doctors and physicians and family members that have called on us to stand up for them and to represent what's right, what's good and what's true and what is in the best interest of children in Ohio," said Rep. Gary Click, R-Vickery, who sponsored House Bill 68. "We have to get away from allowing our medical institutions to be captured by ideology."

Rep. Gary Click, R-Vickery, pumps his fists after the Ohio House overrides DeWine’s veto of House Bill 68 on Wednesday.
Rep. Gary Click, R-Vickery, pumps his fists after the Ohio House overrides DeWine’s veto of House Bill 68 on Wednesday.

Who voted for the override?

Sixty-five Republicans backed the override, while 28 Democrats opposed it. You can see how your representative voted here.

What happens next?

Three-fifths of the Senate must override DeWine's veto before House Bill 68 can become law. Senate Republicans are expected to hold that vote on Jan. 24.

If the override happens, the law takes effect after 90 days.

What would this mean for transgender athletes?

Right now, the Ohio High School Athletic Association allows transgender girls to join female teams if they've completed at least one year of hormone therapy. Seven transgender girls were approved to play girls' sports at OHSAA schools for the 2023-24 school year.

The bill doesn't specify how an athlete's gender would be verified if called into question. It would allow athletes and their families to sue if they believe they lost an opportunity because of a transgender athlete.

It's unclear what the law would mean for athletes already approved to play. Rep. Jena Powell, R-Arcanum, said schools will be in charge of ensuring they follow the rules.

"House Bill 68 would have a direct impact on the OHSAA's transgender policy, which has been in place since 2015 and has served our member schools to provide participation opportunities for transgender students without putting biological females at a competitive disadvantage," Tim Stried, OHSAA director of media relations, said in an email. "The OHSAA will continue to advocate for our policy and support of all student-athletes and await the outcome of the Senate's decision."

What are House Bill 68 backers and critics saying?

The bill's supporters cheered Wednesday's vote, saying the measure is needed to protect children and level the playing field for female athletes.

"Children are a special class," said Corinna Cohn, an Indiana activist who had gender transition surgery at age 19 and now speaks out against transgender medical care. "When you change their bodies by giving them hormones or approving them for surgeries, they're not at a state of competency, but they have to live with all of the consequences of these types of medicines and surgeries."

But transgender Ohioans worry they won't be able to access medical care if House Bill 68 becomes law. Betty Elswick of Marysville said her family will likely leave Ohio so her 16-year-old son, Parker − who's currently receiving hormone therapy − can get the care he needs.

"With this vote to override the governor's veto today, you are literally killing our children," Rep. Jessica Miranda, D-Cincinnati, said. "Take that in for a moment. Literally killing our children, all to win your Republican primary races."

Jeanne Ogden with Trans Allies of Ohio asks Rep. Josh Williams, R-Sylvania, to take a document about transgender medical care for children as he enters the Ohio House chamber on Wednesday.
Jeanne Ogden with Trans Allies of Ohio asks Rep. Josh Williams, R-Sylvania, to take a document about transgender medical care for children as he enters the Ohio House chamber on Wednesday.

Didn't DeWine issue an executive order related to this?

DeWine signed an executive order last week banning Ohio hospitals and surgical facilities from performing gender transition surgery on minors. His administration also proposed rules to collect data on transgender medical care and regulate the treatment of Ohioans with gender dysphoria.

Under the second proposal, providers must have a "contractual relationship" with a psychiatrist and endocrinologist to treat gender dysphoria. They would also be required to create a written, comprehensive care plan that's reviewed by a medical ethicist. Patients under 21 would have to undergo six months of counseling before further treatment occurs.

How can I weigh in on DeWine's proposed rules?

Ohioans can submit feedback on the proposed transition care rule by emailing MH-SOT-rules@mha.ohio.gov with the subject line, "Comments on Gender Transition Care Rules." The deadline is 5 p.m. on Jan. 19.

Comments on the data collection proposal can be sent to ODHrules@odh.ohio.gov. That deadline is Feb. 5.

Columbus Dispatch reporter Andy Resnik contributed.

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.

What do you want us to focus on for the 2024 election? We are always looking for ways to improve our workand your feedback is key. Take our anonymous survey here and help us enhance our coverage.

Get more political analysis by listening to the Ohio Politics Explained podcast

This article originally appeared on Cincinnati Enquirer: What to know about Ohio House override of DeWine House Bill 68 veto