Ohio judge upholds statewide ban on transgender treatments for minors

 A judge in Franklin County, Ohio, has lifted the temporary injunction that previously blocked Ohio's ban on transgender treatments for minors, allowing the state ban to push forward.

In March, the American Civil Liberties Union (ACLU) of Ohio, filed a lawsuit against House Bill 68, a law that bans males from competing in female sports teams. HB 68 also prohibits so-called "gender-affirming care" for minors, including surgeries, puberty blockers and hormone therapies. At that time, the ACLU argued that the bill violated the 2011 amendment to the state constitution's single subject rule, health care provision, equal protection clause and due course of law provision.

The ACLU, who filed the lawsuit on behalf of two families in Franklin County, maintains that "gender-affirming care" is essential and lifesaving health care supported by major medical associations, including the American Medical Association, the American Academy of Pediatrics and the American Psychological Association.

Fortunately, Judge Michael Holbrook of the Franklin County Court of Common Pleas rejected the lawsuit. Holbrook stated that the amendment does not prevent the state from prohibiting misconduct by healthcare providers, and that the state has classified transgender care for minors as misconduct. 

"Upon careful review and consideration of the evidence, the Court finds the Health Care Ban reasonably limits parents' rights to make decisions about their children's medical care consistent with the State’s deeply rooted legitimate interest in the regulation of medical profession and medical treatments," Holbrook wrote in his decision.

The judge further ruled that so-called "gender-affirming care" comes with "undeniable risks and permanent outcomes."

ACLU plans to appeal against the ruling

The office of Ohio Attorney General Dave Yost expressed their approval of the ruling.

"The Attorney General applauds the trial court's decision. 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. The law doesn’t say 'no' forever; it simply says 'not now’ while the child is still growing," said Bethany McCorkle, the communications director of Yost's office.

With this decision, Ohio becomes the 23rd state to ban the so-called transgender health care for minors. However, the ongoing legal battle promises further developments as the ACLU prepares to appeal.

"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. 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," said ACLU Legal Director Freda Levenson.

Moreover, the ACLU stated on its official account on X: "An Ohio judge rejected our challenge to HB68, allowing the ban on gender-affirming care for transgender youth to take immediate effect. Make no mistake – we will appeal this decision immediately. The fight for trans youth is not over."