Ohio's trans care ban legislation confronted by families in court

House Bill 68 prohibits gender-affirming medical treatments for transgender minors.

On Tuesday, the American Civil Liberties Union, ACLU of Ohio, and the law firm Goodwin initiated a legal challenge against House Bill 68, an Ohio law that prohibits gender-affirming medical treatment for transgender youth and excludes transgender girls from participating in female sports categories, reports ABC News.

Two families brought the legal action, arguing that their children stand to lose access to essential healthcare deemed medically necessary. They contend that the legislation infringes upon four sections of the Ohio Constitution, including the Equal Protection clause, the rule against bills containing more than one subject, the prohibition against laws or rules that restrict the buying or selling of healthcare or health insurance, and the Due Course of Law clause.

Regarding the lawsuit, Freda Levenson, the Legal Director at the ACLU of Ohio, stated, "These personal, private medical decisions should remain between families and doctors; they don't belong to politicians. We will fight in court to ensure that trans youth and their parents can access critically important, lifesaving healthcare without government intrusion."

Governor Mike DeWine initially vetoed HB 68; however, Republican Ohio House and Senate members successfully overrode his veto. HB 68 bars transgender minors from initiating hormone therapy and puberty blockers, though it includes a grandfather clause permitting physicians to maintain ongoing treatments for existing patients.

The ACLU argues that HB 68 breaches four provisions of the Ohio Constitution: the rule that a bill cannot cover more than one subject, the section on Health Care, the Equal Protection Clause, and the Due Course of Law Clause.

According to the ACLU, Ohio becomes the 23rd state to enact a ban on gender-affirming medical care for transgender minors. Similar bans in other states have also been met with legal opposition.

Judges from the 6th U.S. Circuit Court of Appeals, which holds jurisdiction over Ohio, have permitted Tennessee and Kentucky to maintain their bans on gender-affirming care for transgender youth amid ongoing legal disputes, reports Ohio Capital-Journal.

Source: ABC News, Ohio Capital Journal