Appeals court overturns part of Ohio law banning trans healthcare for youth
A three-judge panel on the Tenth District Court of Appeals decided on Tuesday to reverse part of House Bill 68, Ohio's law banning gender-affirming care for minors, and said the law needs to again undergo review by the Franklin County Court of Common Pleas. The panel argued that the county court should impose a permanent injunction against H.B. 68's provision banning certain prescriptions that assist youth when transitioning.
'Having found that H.B. 68's prescription ban infringes on parents' fundamental right to direct the medical care of their children and authorize treatment for gender dysphoria with puberty blockers and hormone therapy subject to medically accepted standards, we conclude strict scrutiny applies,' the ruling states.
Tuesday's ruling follows an August decision from Franklin County Commons Pleas Judge Michael Holbrook that said H.B. 68 could go into effect after being on hold for several months. The ACLU of Ohio then appealed Holbrook's decision on behalf of two families whose children are at risk of losing access to their healthcare.
'This win restores the right of trans youth in Ohio to choose vitally important health care, with the support of their families and physicians,' said Freda Levenson, Legal Director at the ACLU of Ohio, on Tuesday. 'Although this litigation will likely not end here, we remain fervently committed to preventing this egregious bill from ever again taking effect. The path towards protecting the rights and civil liberties of trans Ohioans goes on.'
The appeals court's ruling does not impact H.B. 68's ban on gender-affirming surgery for minors and prohibition against trans female athletes' participation in women's sports. The court reiterated that the appellants 'are not directing a challenge toward those parts of H.B. 68 that prohibit surgical procedures and have not claimed they would be adversely affected by enforcement of H.B. 68's sports provisions.'
Ohio Attorney General Dave Yost said in a statement the state will appeal the decision and seek an immediate stay, promising 'this is no way I'll stop fighting to protect these unprotected children.'
'Ohio's elected representatives properly passed legislation protecting children from irreversible chemical sex change procedures, and the trial court upheld the law,' Yost said. 'But now the 10th district court of appeals has just greenlighted these permanent medical interventions against minors.'
Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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