Ohio court partially overturns ban on gender-affirming care for LGBTQ+ youth
An Ohio court has partially overturned a ban on gender-affirming care for LGBTQ+ youth, allowing doctors to continue prescribing puberty blockers and hormone therapy.
This is a developing story and will be updated.
The 10th District Court of Appeals has sent the case back to the Franklin County Court of Common Pleas, arguing that the prescription ban 'interferes with parent-appellants' fundamental right to care for their children,' the decision states.
The decision to ban hormone blockers for trans youth violates the Health Care Freedom Amendment in the Ohio Constitution, according to the court.
'It impermissibly prohibits parents, acting on behalf of their minor children, from accessing treatment protocols in accordance with the standards of care and guidelines widely accepted in the professional medical community to treat gender dysphoria in minors,' the court continued.
The case, Moe v. Yost, was originally filed by the American Civil Liberties Union, the ACLU of Ohio, and the global law firm Goodwin on behalf of two Ohio families with transgender adolescents.
Attorney General Dave Yost plans to appeal, he said.
'This is a no brainer – we are appealing that decision and will seek an immediate stay. There is no way I'll stop fighting to protect these unprotected children,' Yost said. 'Ohio's elected representatives properly passed legislation protecting children from irreversible chemical sex change procedures, and the trial court upheld the law. But now the 10th district court of appeals has just greenlighted these permanent medical interventions against minors.'
Freda Levenson, legal director at the ACLU of Ohio, said in a statement Tuesday that the decision restores the right of trans youth in Ohio to choose vitally important health care, with the support of their families and physicians.
'We are gratified by the Court's decision, which soundly rejects this interference of politicians with Ohioans' bodily autonomy,' Levenson said. 'Although this litigation will likely not end here, we remain fervently committed to preventing this egregious bill from ever again taking effect.'
H.B. 68 went into effect in 2024. The controversial legislation prevented LGBTQ+ minors from accessing care such as hormone blockers, hormone replacement therapy (HRT), and some mental health services.
It also prohibits trans athletes from participating in middle, high school, or college athletics on teams that align with their identity. This is still blocked under the ruling.
In July 2024, parents and doctors testified to prevent the state from enforcing the ban, citing the ban would 'deny basic human rights.'Follow WEWS statehouse reporter Morgan Trau on Twitter and Facebook.
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