Judge rules in favor of HB 68, and the ACLU vows to continue to fight against the ban.
Ohio Judge Makes the Call
An Ohio judge doubled down on the state’s ban on gender-affirming care for minors after the American Civil Liberties Union (ACLU) of Ohio and law firm Goodwin Procter filed a suit in order to block the motion.
HB 68 Details
House Bill 68 bans gender-affirming care for transgender minors, including hormone blockers, hormone therapy, and surgery, with exceptions for nonconsensual procedures on intersex minors.
Interesting Statistics
Interestingly enough, Ohio data from 2019 shows that almost all of the “gender-affirming care” (under their own definition) was actually performed on cisgender boys.
ACLU Steps In
The ACLU claimed that HB 68 is unconstitutional and violates procedural stipulations along with civil rights law.
What This Means
In April, the plaintiffs were granted a temporary restraining order against the bill on April 16th so that it was not enforced throughout the trial. The recent ruling essentially vacates the temporary restraining order, allowing HB 68 to go into full effect.
“Permanent Outcomes”
This July, Judge Michael J. Holbrook ruled that it does not violate the Ohio constitution in any way. In the 13-page ruling, Holbrook said that, “the medical care banned carries with it undeniable risk and permanent outcomes”.
Science Disagrees
GLAAD, the American Medical Association, the American Academy of Pediatrics, and WHO, along with every other major medical association, have issued statements of support for gender-affirming care for transgender minors. Contrary to the state of Ohio’s law.
Referencing the UK
In the ruling, Holbrook referenced the UK in response to their recent ban on puberty blockers, writing, “countries once confident in the administration of gender affirming care to minors are now reversing their position as a result of the significant inconsistencies in results and potential side effects of the care.”
Going Against Research
This statement goes against the current research that shows the positive mental health effects for transgender minors prescribed puberty blockers. Puberty blockers are also considered a very safe therapy, with minimal side effects, and cause no permanent physical changes.
A Devastating Ruling
Freda Levenson, the legal director of the ACLU of Ohio, said that the ruling 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.”
Protecting Bodily Autonomy
Levenson continued, “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.”
ACLU Appalled
A senior staff attorney for the ACLU, Harper Seldin, said, “We are particularly appalled the court claims the ‘regulation of transgender individuals’ is a legitimate subject for the legislature under the state constitution.”
On the Bright Side
Thankfully, HB 68 is not a “forced detransition” law, so transgender minors who were already receiving gender-affirming care before the act was passed can still receive said care.
Other Aspects of the Legislation
In addition to banning gender-affirming care for minors, HB 68 also bans trans girls and women from competing on women’s sports teams, even at private colleges in the state.
Court Ignored Testimony?
Seldin thanked the plaintiffs, saying, “We are so thankful to our clients who opened their lives to the court to prove the danger this ban posed to the future their children deserve, and we are heartbroken that the court ignored their testimony and left this ban in place.”
The Fight Is Not Over
Seldin reminds both the court and the transgender minors in the state that this is just the beginning and to “Make no mistake – this fight is not over.”
Preparing For Appeal
The ACLU has stated that the plaintiffs are already preparing for an immediate appeal of Judge Holbrook’s ruling.
Ready to Fight Back
ACLU of Ohio legal director Freda Levenson said, “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. We are appealing immediately.”
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Featured Image Credit: Shutterstock / Mehaniq.
