Youth transgender care ban still in effect while appeal plays out, Ohio Supreme Court rules
In March, the Tenth District Court of Appeals found House Bill 68 ― which prevents LGBTQ+ minors from accessing care such as hormone blockers, hormone replacement therapy (HRT) and some mental health services ― to be unconstitutional.
The appellate court ordered a trial court to enter a permanent injunction blocking it. The trial court, the Franklin County Common Pleas Court, never issued the injunction, so the ban on gender-affirming care for youth in Ohio has continued, ACLU of Ohio said.
In appealing to the Ohio Supreme Court, Yost asked the court to pause the injunction while his appeal with the high court plays out. The Ohio Supreme Court granted the request on Tuesday.
"It is a terrible shame that the Supreme Court of Ohio is permitting the state to evade compliance with the Ohio Constitution," said Freda Levenson, legal director at the ACLU of Ohio.
The lawsuit was first filed on March 26, 2024 by the American Civil Liberties Union, the ACLU of Ohio, and the global law firm Goodwin on behalf of two families who said their transgender adolescents would be negatively impacted by House Bill 68.
Both families were seeking access to gender-affirming care, such as puberty blockers and hormone replacement therapy, describing plans to seek care in Chicago and Michigan if the ban took place, which it did.
"Our clients have suffered tangible and irreparable harm during the eight months that HB 68 has been in place, including being denied essential health care in their home state," Levenson said.
On Aug. 6, 2024, following a five-day trial in July, the Franklin County Court of Common Pleas rejected the plaintiffs' challenge and allowed the ban on gender-affirming care to take effect.
The plaintiffs appealed the decision on their argument that House Bill 68 violates the Ohio Constitution, with which a three-judge panel at the 10th District Court of Appeals agreed on two points and rendered the other two points as moot.
A comment from Yost was not immediately available.
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