Demonstrators advocating for transgender rights and health care outside the Ohio Statehouse in Columbus last year.
Reporting from Columbus, Ohio, a three - judge panel of an appellate court ruled that Ohio's ban on gender - affirming care for minors is unconstitutional and must be permanently blocked from being enforced. The law also prohibited transgender women and girls from participating in female sports.
The state attorney general vowed to appeal immediately. Last summer, a judge had allowed the law to take effect, ruling that it "reasonably limits parents’ rights." However, on Tuesday, the 10th District Court of Appeals in Ohio reversed that decision. The law bans counseling, gender - affirming surgery, and hormone therapy for minors, except for those already receiving such treatments and when a doctor deems it risky to stop.
The litigation was filed by the American Civil Liberties Union, the ACLU of Ohio, and the global law firm Goodwin. They argued that the law not only denies health care to transgender children and teens but also discriminates against them in accessing it.
The appellate court agreed and pointed out several flaws in the lower court's reasoning. The judge stated that the Ohio law is discriminatory because the same drugs are not outlawed when used for other purposes but are when used for gender transitioning. The judge also said that a prescription ban is not a reasonable exercise of the state's power when weighed against parents' rights to care for their children.
Addressing the proponents' argument that minors are not in a position to understand the long - term impacts of such procedures on their lives, the judge said that while minors may not be, their parents are. "Thus, in considering whether the H.B. 68 ban is reasonable, it is necessary to keep in mind that the law recognizes the maturity, experience, and capacity of parents to make difficult judgments and act in their children’s best interest," the judge wrote.
The ACLU called the ruling "historic." "This win restores the right of trans youth in Ohio to choose vitally important health care, with the support of their families and physicians," Freda Levenson, legal director of the ACLU of Ohio, said in a statement. "We are gratified by the Court’s decision, which soundly rejects this interference of politicians with Ohioans’ bodily autonomy."
Tuesday's ruling marked the second blow to the legislation. Ohio's Republican Gov. Mike DeWine vetoed the law in December 2023 after touring the state's children's hospitals and talking to families of children with gender dysphoria. He characterized his action as thoughtful, limited, and "pro - life," citing the suicide risks associated with minors who don't get proper treatment for gender dysphoria.
DeWine simultaneously announced plans to administratively ban gender - affirming surgeries until a person is 18 and to better regulate and track gender - affirming treatments in both children and adults. He hoped the move would ease the concerns of his fellow Republicans in the Ohio Statehouse, but the administration quickly backed off that plan after transgender adults raised serious concerns about how state regulations could impact their lives and health.
Ohio lawmakers stood their ground on the bill and easily overrode his veto, making Ohio the 23rd state to ban gender - affirming health care for trans youth. Republican Ohio Attorney General Dave Yost, a candidate to succeed DeWine next year, quickly released a statement saying that he will appeal Tuesday's ruling. "This is a no - brainer — we are appealing that decision and will seek an immediate stay," he said. "There is no way I’ll stop fighting to protect these unprotected children."
Levenson acknowledged on Tuesday that it's likely not the end of the legal dispute, but said her organization remained "fervently committed" to preventing the bill from ever taking effect again.
Editor: Newsroom - Robin
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