The American Civil Liberties Union, the ACLU of Ohio, and the global law firm Goodwin filed a lawsuit challenging the unconstitutional enactment of House Bill 68, specifically a provision in H.B. 68 that bans gender-affirming medical care for transgender minors.
The organizations filed this lawsuit in the Franklin County Court of Common Pleas on behalf of two families whose children are at risk of losing critical, medically necessary healthcare.
The lawsuit asks the court to strike down H.B. 68 before the law is set to take effect on April 24, 2024.
“The ban on gender-affirming care will cause severe harm to transgender youth. These personal, private medical decisions should remain between families and doctors; they don’t belong to politicians. H.B. 68 violates the Ohio Constitution in multiple ways. We will fight in court to ensure that trans youth and their parents can access critically important, lifesaving healthcare without government intrusion,” said Freda Levenson, Legal Director at the ACLU of Ohio.
“We refuse to allow lawmakers to move forward with these cruel restrictions that directly harm transgender young people. Families are now confronted with the extremely difficult decision of fleeing the state they call home to protect their children or allowing them to go without the care they and their doctors know is right for them. H.B. 68 is government overreach point blank, and we are determined to reinstate Ohio families’ right to make personal medical decisions with healthcare providers – not politicians,” added Chase Strangio, Deputy Director for Transgender Justice at the ACLU.
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Republican Gov. Mike DeWine of Ohio announced in January that he was signing an executive order to ban sex change surgeries for minors a week after vetoing a similar bill.
DeWine was widely criticized for vetoing a bill just hours before the deadline in December that banned puberty blockers and cross-sex hormones as well as sex-change surgeries.
DeWine reiterated during a press conference that he believed parents should be the ones making the decisions for their children, but said that he signed an executive order banning transition surgeries for minors in Ohio.
“This ban is effective immediately. Ohio law allows for emergency rules, so that provision is important to public safety and other important public policy goals specified in the statute,” DeWine said. “This will ensure that surgeries of this type on minors can never happen in Ohio. I know that’s one of the concerns that has been expressed. I’ve never disagreed with that.” The executive order does not ban minors from receiving puberty blockers or cross-sex hormones.
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