Judge Temporarily Blocks Ohio’s Ban on Health Care for Transgender Youth

The temporary restraining order will remain in effect for at least 14 days, or until the hearing of plaintiffs’ motion for a preliminary injunction – which would maintain the status quo, allowing transgender youth to continue receiving healthcare across the state while the courts make a final decision.

Officially titled the “Save Adolescents from Experimentation (SAFE) Act,” HB 68 bans health care for transgender Ohioans under the age of 18 – rejecting medical consensus of doctors and health care professionals across the country, including the American Medical Association (AMA) and the American Academy of Pediatrics (AAP).

In a written statement released Tuesday afternoon, the ACLU of Ohio said it hopes to stop the ban permanently.

“Our legal battle will continue until, we hope, this cruel restriction is permanently blocked,” said Freda Levenson, legal director for the ACLU of Ohio. “Ohio families have a constitutional right to make personal health care decisions without government intrusion.”

Judge grants ‘temporary restraining order’

In granting the temporary restraining order, Franklin County Court of Common Pleas Judge Michael J. Holbrook noted the bill’s direct violation of the “one-subject rule.”

During its time in the Ohio House of Representatives, HB 68 was combined with the “Save Women’s Sports Act” – an unrelated piece of legislation banning transgender girls and women from competing in women’s sports from kindergarten through college.

“This Court is not able to discern the ‘primary’ subject of the bill,” Holbrook wrote. “The very title of the Act references two subjects.”

The one-subject rule was designed to prevent “legislative riders” and “logrolling,” the behind-the-scenes trading of favors between politicians.

Via the court’s decision, Holbrook directly accused Republican lawmakers of engaging in both practices:

“It is not lost upon this court that the General Assembly was not able to pass the SAFE portion of the Act separately, and it was only upon logrolling the Saving Women’s Sports provisions that it was able to pass.”

Preventing ‘immediate and irreparable’ harm

Because adolescents often experience puberty at different ages and speeds, Holbrook called the ban an immediate threat to the health and safety of transgender youth across the state.

“There is little doubt as to the irreparable nature of the actual physical injury to plaintiffs upon enforcement of [HB 68],” Holbrook stated. “There is certainly a point where the changes to the body as a result of the progression of puberty cannot be reversed.”

The court also noted Ohio Gov. Mike DeWine’s decision to veto the bill, which Republican lawmakers voted to override just days later.

Holbrook directly quotes DeWine in his decision: “[Parents] are making decisions about the most precious thing in their life, their child, and none of us should underestimate the gravity of those difficult decisions.”

Ohioans react

Baptist pastor and HB 68’s primary sponsor, Ohio House Rep. Gary Click (R-Vickery), released a written statement expressing disappointment in the court’s decision to block the health care ban.

Click’s statement includes inaccurate and misleading claims regarding suicide rates among transgender youth.

In response to the order, conservative Ohio Attorney General Dave Yost, who is one of the defendants named in the lawsuit, said Republican lawmakers plan to “fight vigorously” to enact the ban, in spite of the temporary block.

Trans Allies of Ohio – a statewide coalition of Ohioans advocating for transgender civil rights at the Statehouse – released a written statement Tuesday celebrating the court’s decision to allow transgender youth to continue accessing healthcare across the state.

“Unlike at the Statehouse, this news gives us hope that facts and human rights can be considered in determining decisions,” the statement read.

Ohio civil rights organization Equality Ohio also released a statement regarding the Court’s decision:

“Today’s decision is a reprieve for Ohio families who were nearly deprived of essential medical care by their own elected leaders,” said Public Policy Director Maria Bruno. “We applaud ACLU of Ohio in leading this charge.”

Harper Seldin, a staff attorney at the ACLU, called the ruling “a victory for transgender Ohioans and their families.”

“Ohio’s ban is an openly discriminatory breach of the rights of transgender youth and their parents alike and presents a real danger to the same young people it claims to protect,” Seldin added. “We are committed to opposing this law until it is permanently overturned, making Ohio a safer place to raise every family.”

Ignite action

• Register to vote or to check your voter eligibility status in the state of Ohio here.
• Find contact information for your Ohio state representative here.
• Find contact information for your Ohio senator here.
• Access the full Trans Legislation Tracker here.
• Submit an application for financial assistance via TransOhio’s Emergency Fund (including insurance, travel, housing, moving costs and more) here.
• Make a donation to TransOhio’s Emergency Fund here.
• If you are a young LGBTQ+ person in crisis, please contact the Trevor Project: 866-4-U-Trevor.
• If you are an LGBTQ+ adult in need of immediate help, contact the National Trans Lifeline: 877-565-8860