Ohio judge clears way for minor gender-affirming care, sports ban

Ohio’s ban on gender-affirming care for minors will stand after a Franklin County judge failed to issue a permanent injunction and lifted the temporary injunction Tuesday.

The ruling clears the way for House Bill 68 to go into effect. The law also includes a ban on males competing on female sports teams.

The ACLU of Ohio promised to appeal the decision on social media immediately.

“An Ohio judge rejected our challenge to HB68, allowing the ban on gender-affirming care for transgender youth to take immediate effect,” the ACLU wrote on social media. “Make no mistake – we will appeal this decision immediately. The fight for trans youth is not over.”

A spokeswoman for Ohio Attorney General Dave Yost applauded the decision.

"The attorney general applauds the trial court’s decision,” Bethany McCorkle said in a statement. "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."

The ACLU sued in March on behalf of two families in Franklin County to stop the once-vetoed bill from taking effect in late April. The lawsuit said the bill violates the Ohio Constitution’s single subject, the health care provision, the equal protection clause, and the due course of law provision.

The legislation blocks gender-affirming care for minors, including surgeries, puberty blockers, and hormone therapy.

In December, Gov. Mike DeWine vetoed the bill and a week later issued an executive order that banned gender-affirming surgeries on minors and developed corresponding health care rules for children and adults.

The Republican-majority Senate easily voted to override the veto in late January. The House, also majority Republican, did the same earlier in the month.

The ACLU calls gender-affirming care lifesaving health care supported by major medical associations nationwide, including the American Medical Association, the American Academy of Pediatrics and the American Psychological Association.

Ohio is the 23rd state to ban gender-affirming health care for youth.