A Franklin County judge has allowed Ohio’s ban on gender-affirming care for minors to take effect, as laws restricting access to puberty blockers, hormone therapy, and surgeries for transgender minors continue to divide the country.
Impact on Transgender Youth
Franklin County, Ohio’s Judge Michael Holbrook has made a ruling that means that transgender minors in the state will be prohibited from starting new gender-affirming treatments,
America’s Most Vulnerable
Unsurprisingly, preventing gender-affirming care for minors has been a controversial decision and has drawn serious criticism from advocates who argue it will harm some of America’s most vulnerable youth.
Accessing Treatments
Now, families and medical professionals are concerned about the long-term psychological and physical impacts on transgender minors who cannot access these treatments.
Legal Grounds For the Ban
Judge Michael Holbrook justified the ruling by stating that the law “reasonably limits parents’ rights to make decisions about their children’s medical care.”
Delaying Decisions
However, Holbrook emphasized that the law does not permanently prevent minors from accessing gender-affirming care but delays these decisions until they reach adulthood.
Protecting Children
“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,” said Ohio Attorney General Dave Yost.
The Role of the ACLU
The American Civil Liberties Union (ACLU) of Ohio has been actively challenging the law and already announced plans to appeal the ruling immediately.
Laws of Discrimination
The ACLU argues that the law is discriminatory and infringes on the constitutional rights of transgender youth and their families for necessary medical interventions.
A Devastating Decision
“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,” said ACLU of Ohio Legal Director Freda Levenson in a response to the ruling.
Legislative Background
The Ohio law banning gender-affirming care, known as House Bill 68, was initially passed by the state legislature in December 2023, only to be vetoed by Republican Governor Mike DeWine.
Governor DeWine’s Position
Governor Mike DeWine vetoed the bill and argued that decisions about medical care should rest with parents rather than the government, but lawmakers garnered enough votes in January 2024 to override it.
Trying New Regulations
Despite his veto, DeWine later proposed new regulations to monitor and control gender-affirming care, though these proposals were eventually shelved following public outcry from transgender adults concerned about their own rights.
Sports Participation Restrictions
In addition to banning gender-affirming care, the law also prohibits transgender girls and women from participating in sports teams that align with their gender identity in high school and college.
Transgender Mental Health
Stopping trans youth from playing in sports is another aspect of the law that has received pushback and legal challenges for its potential impact on the mental health of transgender youth.
Court Challenges and Temporary Restraints
The ACLU’s legal challenge in March 2024 led to a temporary restraining order in April that blocked the law from taking effect while litigation was ongoing, but Judge Holbrook’s recent ruling allowed the ban to be enforced immediately.
Broader National Context
With Ohio’s law now in effect, the state joins over 20 other states that have implemented similar restrictions on gender-affirming care for minors since the beginning of 2023.
Broader Legal and Social Context
Unfortunately, this case seems to be part of a broader trend of conservative legal challenges to school policies that protect LGBTQ+ students from harassment and respect their identities.
Free Speech Cases
In the majority of these lawsuits targeting protections for LGBTQ+ students, they focus on free speech and claims of religious freedom.
Increasing Legislative Efforts
Nationwide, there has also been an increase in legislative efforts to limit the rights of LGBTQ+ people, including access to gender-affirming care and participation in sports.
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