Appeals court upholds enforcement of Ohio's prohibition on gender-affirming treatments for minors in the interim.
Moving Forward with Controversial Laws: A Look at Ohio's Recent Rulings on Gender-Affirming Care and Sports
Caught in a divisive legal tussle, Ohio seems poised to enforce restrictions on gender-affirming care for minors and transgender women participating in female sports, according to a recent Ohio Supreme Court ruling.
In a tough 4-3 decision on Tuesday, the court overturned a lower court's ruling that had prevented the enforcement of the 2023 law, marking a win for Republican Attorney General Dave Yost, who calls it a fight "to shield underage youth."
In stark contrast, Governor Mike DeWine, another Republican, had vetoed the SAFE Act in December 2023, labeling it thoughtful, limited, and "pro-life." However, the GOP-majority legislature promptly overruled his action.
The new ruling means that the law, encompassing bans on counseling, surgery, and hormone therapy for minors unless deemed necessary to avoid risks by a doctor, can take effect, alongside provisions for barring transgender women and girls from female sports.
The litigation, initiated in March 2024 by the ACLU, ACLU of Ohio, and Goodwin, argued that the law denies healthcare to transgender youth and discriminates against them in accessing it. Despite a win at the trial court level, they later lost the appeal, as a panel from the 10th District Court of Appeals argued that the law "reasonably limits parents’ rights."
The Center for Christian Virtue celebrates this decision, with President Aaron Baer stating, "The legislature has every right to enact laws safeguarding children like the SAFE Act, and the Supreme Court conforms to the Ohio Constitution by overturning the lower court." [1][2][3]
[1] Purdum, M. (2023). Ohio governor vetoes controversial 'SAFE Act' restricting gender-affirming care for minors. Portsmouth Daily Times.
[2] Catalini, S. (2024). Ohio's 'SAFE Act' on Gender-Affirming Care for Minors Signed into Law. The Hill.
[3] Parry, C. (2024). Gender-Affirming Care Ban Signed into Law in Ohio. NBC4 Columbus.
- Amidst heated debates, the Ohio Supreme Court's recent decision supports policies restricting gender-affirming care for minors and prohibiting transgender women in female sports, a move that aligns with the legislature's goal of protecting children, as expressed by the Center for Christian Virtue.
- In contrast, general news outlets report that Governor Mike DeWine, initially vetoed the controversial SAFE Act in 2023, viewing it as thoughtful and "pro-life," but was overruled by the GOP-majority legislature.
- The media also covers the ongoing legal battle involving the ACLU, ACLU of Ohio, and Goodwin, who argue that the law denies healthcare to transgender youth and discriminates against them, a claim that was initially upheld at the trial court level, but later challenged and overturned by a panel from the 10th District Court of Appeals, who considered the law as a reasonable limitation on parents' rights.
