The Ohio Supreme Court denied the state’s request to enforce a ban on gender-affirming medical care for transgender youth, which was supposed to take effect on April 24 through House Bill 68. Attorney General Dave Yost had asked the court for an emergency order to pause the decision of Franklin County Common Pleas Judge Michael Holbrook, who put a hold on the bill. The trial for the case is scheduled for July 15, and the freeze on the ban remains in place as the legal process continues.
Conservative lawmakers across the country have been introducing bills to limit LGBTQ rights, including access to gender-affirming care and participation in sports by transgender individuals. In 2023, at least 510 anti-LGBTQ+ bills were introduced in state legislatures. Ohio, along with other states like Texas, Florida, and Virginia, have been at the forefront of these efforts. Republican Ohio Supreme Court Justice Pat DeWine and Democratic Ohio Supreme Court Justice Jennifer Brunner clashed in their concurring opinions regarding Holbrook’s statewide injunction, with DeWine questioning the appropriateness of such a decision and Brunner calling attention to the political nature of some statements.
The Ohio Supreme Court’s decision came after Judge Holbrook issued a temporary restraining order on all of HB 68 in response to a lawsuit filed by the ACLU of Ohio on behalf of two families with transgender daughters. The lawsuit argued that the bill violated sections of the Ohio Constitution, including the single-subject rule, the Health Care provision, the Equal Protection Clause, and the Due Course of Law provision. The ACLU celebrated the court’s rejection of the state’s request to enforce the ban on gender-affirming care, emphasizing the importance of protecting transgender youth and their families from harm.
The ACLU of Ohio expressed a commitment to continue fighting against the restrictions imposed by HB 68, emphasizing the need to prevent constitutional violations and other irreparable harm. The bill not only prevents transgender youth from accessing hormone therapy and puberty blockers but also restricts trans athletes from participating in middle and high school sports. The legal battle surrounding these issues is ongoing, with the ACLU advocating for the permanent overturning of these restrictions to ensure the well-being and rights of transgender individuals. As the case moves forward, it will be important to consider the implications of such legislation on the LGBTQ community and to uphold the principles of equality and inclusivity.
