Court in Ohio prevents implementation of minor's prohibition on gender-affirming medical treatments
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Ohio's controversial limitation on access to gender-affirming care for minors has been struck down by a panel of appellate judges, ruling it an unconstitutional infringement on parents' rights. The law also bars transgender women and girls from participating in female sports.
The lawyer general of Ohio's Republican party swore an immediate appeal to the decision.
On Tuesday, the 10th District Court of Appeals overturned a previous decision made last summer that allowed the law to take effect. The judge argued that the law "reasonably limits parents' rights" by banning counseling, gender-affirming surgeries, and hormone therapy for minors, unless they are already undergoing these treatments and a doctor warns against ceasing them.
Litigation was filed by the ACLU, ACLU of Ohio, and the global law firm Goodwin, alleging that the law not only restricts healthcare for transgender children and adolescents but discriminates against them in accessing it.
The court agreed and pointed out several flaws in the lower court's reasoning. Judge Carly Edelstein expressed that the Ohio law is discriminatory as it only bans identical drugs when used for gender transition, while allowing them for other purposes. The prescription ban, she argued, is not a reasonable exercise of the state's power compared to the rights of parents to make decisions concerning their children's health.
fans of the controversial law argued that minors might not fully comprehend the long-term consequences of these procedures. Yet, the judge countered that while minors may lack understanding, their parents do not.
"Parents' recognized maturity, experience, and capacity to make complex judgments should be considered when weighing the reasonability of the H.B. 68 ban," Edelstein wrote in the ruling.
The ACLU hailed the ruling as "historic," with the organization’s legal director in Ohio, Freda Levenson, stating, "This win restores the right of trans youth in Ohio to choose essential healthcare, with the support of their families and physicians."
The Ohio law is facing its second setback, following DeWine's veto of the law in December 2023, after discussing the issue with children's hospital staff and families of children with gender dysphoria. DeWine justified his action as a balanced, considered approach, citing the increased risk of suicide among minors with untreated gender dysphoria.
Despite DeWine's veto, lawmakers in Ohio overturned it, making the state the 23rd to ban gender-affirming healthcare for trans youth. Ohio Attorney General Dave Yost, a potential candidate to succeed DeWine in the upcoming election, intends to appeal the appellate court decision.
Levenson anticipates further legal battles, yet remains steadfast in preventing the bill from ever taking effect.
- Ohioans who support the controversial limitation on gender-affirming care for minors may find themselves disappointed as the 10th District Court of Appeals has ruled the Ohio law unconstitutional, blocking the restrictions on hormone therapies, surgeries, and counseling for minors.
- The Ohio Attorney General, a possible candidate for succession in the upcoming election, has already announced plans to appeal the appellate court's decision, signaling a potential continuation of the political debates surrounding the rights of parents and transgender youth.
- The ruling in favor of transgender youth and their families by the 10th District Court of Appeals has been hailed as historic, with the ACLU's legal director in Ohio, Freda Levenson, asserting that this win restores the right to choose essential healthcare and affirms the parents' role in making complex decisions concerning their children's health.
