Latest news with #10thDistrictCourtofAppeals
The Independent
19-03-2025
- Health
- The Independent
Appeals court blocks Ohio's ban on gender-affirming care for minors
Ohio's ban on gender-affirming care for minors is unconstitutional and must be permanently blocked from being enforced, a three-judge panel of appellate judges ruled Tuesday. The law also banned trans women and girls from participating in female sports. The state attorney general vowed an immediate appeal. On Tuesday, the state 10th District Court of Appeals reversed a lower court judge's decision last summer to allow the law to go into effect, after finding it 'reasonably limits parents' rights.' The law bans counseling, gender-affirming surgery and hormone therapy for minors, unless they are already receiving such therapies and a doctor deems it risky to stop. The litigation was filed by the American Civil Liberties Union, ACLU of Ohio and the global law firm Goodwin, who argued the law not only denies health care to transgender children and teens, but specifically discriminates against them accessing it. The appellate court agreed, in a 2-1 majority opinion written by Judge Carly Edelstein, and cited a number of flaws in the lower court's reasoning. The judge cited a number of flaws in the lower court's reasoning. She said that the Ohio law does not outlaw identical drugs when they're used for other reasons, only when they're used for gender transitioning, which makes it discriminatory. She also said that a prescription ban is not a reasonable exercise of the state's police power when it is weighed against the rights of parents to care for their children. Addressing proponents' arguments that minors are not in a position to understand the long-term impacts such procedures could have on their lives, the judge said that, while they may not be, their parents are. 'Thus, in considering whether the H.B. 68 ban is reasonable, it is necessary to keep in mind that the law recognizes the maturity, experience, and capacity of parents to make difficult judgments and act in their children's best interest,' she wrote. The ACLU called the ruling 'historic.' "This win restores the right of trans youth in Ohio to choose vitally important health care, with the support of their families and physicians," Freda Levenson, legal director of the ACLU of Ohio, said in a statement. 'We are gratified by the Court's decision, which soundly rejects this interference of politicians with Ohioans' bodily autonomy.' Tuesday's ruling marked the second blow for the legislation. Republican Ohio Gov. Mike DeWine vetoed the law in December 2023, after touring the state to visit children's hospitals and talking to families of children with gender dysphoria. He cast his action as thoughtful, limited and 'pro-life' — citing the suicide risks associated with minors who don't get proper treatment for gender dysphoria. DeWine simultaneously announced plans to move to administratively ban gender-affirming surgeries until a person is 18, and to position the state to better regulate and track gender-affirming treatments in both children and adults. He hoped the move would allay concerns of fellow Republicans at the Ohio Statehouse, but the administration swiftly backed off that plan after transgender adults raised serious concerns about how state regulations could impact their lives and health. Ohio lawmakers stood their ground on the bill, easily overriding his veto — making Ohio the 23rd state to ban gender-affirming health care for trans youth. Republican Ohio Attorney General Dave Yost, a candidate to succeed DeWine next year who serves as the Legislature 's lawyer, quickly released a statement saying that he will appeal Tuesday's ruling. 'This is a no-brainer – we are appealing that decision and will seek an immediate stay," he said. 'There is no way I'll stop fighting to protect these unprotected children.' Levenson acknowledged that Tuesday's ruling was likely not the end of the legal dispute, but she said in a statement that her organization remained 'fervently committed' to preventing the bill from ever taking effect again.
NBC News
19-03-2025
- Health
- NBC News
Appeals court blocks Ohio's ban on gender-affirming care for minors
COLUMBUS, Ohio — Ohio's ban on gender-affirming care for minors is unconstitutional and must be permanently blocked from being enforced, a three-judge panel of appellate judges ruled Tuesday. The law also banned trans women and girls from participating in female sports. The state attorney general vowed an immediate appeal. On Tuesday, the state's 10th District Court of Appeals reversed the decision made last summer to allow the law to go into effect after a judge found it 'reasonably limits parents' rights.' The law bans counseling, gender-affirming surgery and hormone therapy for minors, unless they are already receiving such therapies and a doctor deems it risky to stop. The litigation was filed by the American Civil Liberties Union, ACLU of Ohio and the global law firm Goodwin, who argued the law not only denies health care to transgender children and teens, but specifically discriminates against them accessing it. The court agreed and cited a number of flaws in the lower court's reasoning. She said that the Ohio law does not outlaw identical drugs when they're used for other reasons, only when they're used for gender transitioning, which makes it discriminatory. She also said that a prescription ban is not a reasonable exercise of the state's power when it is weighed against the rights of parents to care for their children. Addressing proponents' arguments that minors are not in a position to understand the long-term impacts such procedures could have on their lives, the judge said that, while they may not be, their parents are. 'Thus, in considering whether the H.B. 68 ban is reasonable, it is necessary to keep in mind that the law recognizes the maturity, experience, and capacity of parents to make difficult judgments and act in their children's best interest,' she wrote. The ACLU called the ruling 'historic.' 'This win restores the right of trans youth in Ohio to choose vitally important health care, with the support of their families and physicians,' Freda Levenson, legal director of the ACLU of Ohio, said in a statement. 'We are gratified by the Court's decision, which soundly rejects this interference of politicians with Ohioans' bodily autonomy.' Tuesday's ruling marked the second blow for the legislation. Republican Ohio Gov. Mike DeWine vetoed the law in December 2023, after touring the state to visit children's hospitals and talking to families of children with gender dysphoria. He cast his action as thoughtful, limited and 'pro-life' — citing the suicide risks associated with minors who don't get proper treatment for gender dysphoria. DeWine simultaneously announced plans to move to administratively ban gender-affirming surgeries until a person is 18, and to position the state to better regulate and track gender-affirming treatments in both children and adults. He hoped the move would allay concerns of fellow Republicans at the Ohio Statehouse, but the administration swiftly backed off that plan after transgender adults raised serious concerns about how state regulations could impact their lives and health. Ohio lawmakers stood their ground on the bill, easily overriding his veto — making Ohio the 23rd state to ban gender-affirming health care for trans youth. Republican Ohio Attorney General Dave Yost, a candidate to succeed DeWine next year, quickly released a statement saying that he will appeal Tuesday's ruling. 'This is a no-brainer — we are appealing that decision and will seek an immediate stay,' he said. 'There is no way I'll stop fighting to protect these unprotected children.' Levenson acknowledged Tuesday that it's likely not the end of the legal dispute, but said her organization remained 'fervently committed' to preventing the bill from ever taking effect again.
CNN
18-03-2025
- Health
- CNN
Appeals court blocks Ohio's ban on gender-affirming care for minors
Ohio's ban on gender-affirming care for minors is unconstitutional and must be permanently blocked from being enforced, a three-judge panel of appellate judges ruled Tuesday. The law also banned trans women and girls from participating in female sports. The state's Republican attorney general vowed an immediate appeal. On Tuesday, the state's 10th District Court of Appeals reversed a decision made last summer to allow the law to go into effect after a judge found it 'reasonably limits parents' rights.' The law bans counseling, gender-affirming surgery and hormone therapy for minors, unless they are already receiving such therapies and a doctor deems it risky to stop. The litigation was filed by the American Civil Liberties Union, ACLU of Ohio and the global law firm Goodwin, who argued the law not only denies health care to transgender children and teens, but specifically discriminates against them accessing it. The court agreed and cited a number of flaws in the lower court's reasoning. Judge Carly Edelstein wrote in the ruling that the Ohio law does not outlaw identical drugs when they're used for other reasons, only when they're used for gender transitioning, which makes it discriminatory. She also said that a prescription ban is not a reasonable exercise of the state's police power when it is weighed against the rights of parents to care for their children. Addressing proponents' arguments that minors are not in a position to understand the long-term impacts such procedures could have on their lives, the judge said that, while they may not be, their parents are. 'Thus, in considering whether the H.B. 68 ban is reasonable, it is necessary to keep in mind that the law recognizes the maturity, experience, and capacity of parents to make difficult judgments and act in their children's best interest,' she wrote. The ACLU called the ruling 'historic.' 'This win restores the right of trans youth in Ohio to choose vitally important health care, with the support of their families and physicians,' Freda Levenson, legal director of the ACLU of Ohio, said in a statement. 'We are gratified by the Court's decision, which soundly rejects this interference of politicians with Ohioans' bodily autonomy.' Tuesday's ruling marked the second blow for the legislation. Republican Ohio Gov. Mike DeWine vetoed the law in December 2023, after touring the state to visit children's hospitals and talking to families of children with gender dysphoria. He cast his action as thoughtful, limited and 'pro-life' — citing the suicide risks associated with minors who don't get proper treatment for gender dysphoria. DeWine simultaneously announced plans to move to administratively ban gender-affirming surgeries until a person is 18, and to position the state to better regulate and track gender-affirming treatments in both children and adults. He hoped the move would allay concerns of fellow Republicans at the Ohio Statehouse, but the administration swiftly backed off that plan after transgender adults raised serious concerns about how state regulations could impact their lives and health. Ohio lawmakers stood their ground on the bill, easily overriding his veto — making Ohio the 23rd state to ban gender-affirming health care for trans youth. Republican Ohio Attorney General Dave Yost, a candidate to succeed DeWine next year, quickly released a statement saying that he will appeal Tuesday's ruling. 'This is a no-brainer – we are appealing that decision and will seek an immediate stay,' he said. 'There is no way I'll stop fighting to protect these unprotected children.' Levenson acknowledged Tuesday that it's likely not the end of the legal dispute, but said her organization remained 'fervently committed' to preventing the bill from ever taking effect again.
CNN
18-03-2025
- Health
- CNN
Appeals court blocks Ohio's ban on gender-affirming care for minors
Ohio's ban on gender-affirming care for minors is unconstitutional and must be permanently blocked from being enforced, a three-judge panel of appellate judges ruled Tuesday. The law also banned trans women and girls from participating in female sports. The state's Republican attorney general vowed an immediate appeal. On Tuesday, the state's 10th District Court of Appeals reversed a decision made last summer to allow the law to go into effect after a judge found it 'reasonably limits parents' rights.' The law bans counseling, gender-affirming surgery and hormone therapy for minors, unless they are already receiving such therapies and a doctor deems it risky to stop. The litigation was filed by the American Civil Liberties Union, ACLU of Ohio and the global law firm Goodwin, who argued the law not only denies health care to transgender children and teens, but specifically discriminates against them accessing it. The court agreed and cited a number of flaws in the lower court's reasoning. Judge Carly Edelstein wrote in the ruling that the Ohio law does not outlaw identical drugs when they're used for other reasons, only when they're used for gender transitioning, which makes it discriminatory. She also said that a prescription ban is not a reasonable exercise of the state's police power when it is weighed against the rights of parents to care for their children. Addressing proponents' arguments that minors are not in a position to understand the long-term impacts such procedures could have on their lives, the judge said that, while they may not be, their parents are. 'Thus, in considering whether the H.B. 68 ban is reasonable, it is necessary to keep in mind that the law recognizes the maturity, experience, and capacity of parents to make difficult judgments and act in their children's best interest,' she wrote. The ACLU called the ruling 'historic.' 'This win restores the right of trans youth in Ohio to choose vitally important health care, with the support of their families and physicians,' Freda Levenson, legal director of the ACLU of Ohio, said in a statement. 'We are gratified by the Court's decision, which soundly rejects this interference of politicians with Ohioans' bodily autonomy.' Tuesday's ruling marked the second blow for the legislation. Republican Ohio Gov. Mike DeWine vetoed the law in December 2023, after touring the state to visit children's hospitals and talking to families of children with gender dysphoria. He cast his action as thoughtful, limited and 'pro-life' — citing the suicide risks associated with minors who don't get proper treatment for gender dysphoria. DeWine simultaneously announced plans to move to administratively ban gender-affirming surgeries until a person is 18, and to position the state to better regulate and track gender-affirming treatments in both children and adults. He hoped the move would allay concerns of fellow Republicans at the Ohio Statehouse, but the administration swiftly backed off that plan after transgender adults raised serious concerns about how state regulations could impact their lives and health. Ohio lawmakers stood their ground on the bill, easily overriding his veto — making Ohio the 23rd state to ban gender-affirming health care for trans youth. Republican Ohio Attorney General Dave Yost, a candidate to succeed DeWine next year, quickly released a statement saying that he will appeal Tuesday's ruling. 'This is a no-brainer – we are appealing that decision and will seek an immediate stay,' he said. 'There is no way I'll stop fighting to protect these unprotected children.' Levenson acknowledged Tuesday that it's likely not the end of the legal dispute, but said her organization remained 'fervently committed' to preventing the bill from ever taking effect again.
Yahoo
18-03-2025
- Health
- Yahoo
Appeals court partially overturns Ohio ban on transgender care for minors
An Ohio appeals court declared Tuesday that a portion of a 2023 law banning gender-affirming medical care for minors is unconstitutional, ruling that a lower court erred in deciding the law does not infringe on the rights of parents or violate parts of the state's constitution. A three-judge panel for Ohio's 10th District Court of Appeals reversed an August judgment that allowed House Bill 68 to take effect after a district court temporarily halted the measure's enforcement last spring. The ruling sends the case back to the Franklin County Court of Common Pleas. The law, which Republican Gov. Mike DeWine initially vetoed before Ohio's GOP-led Legislature voted to override him, bans transition-related care, including puberty blockers and hormone therapy, for minors. It also bars transgender student-athletes from joining girls' and women's sports teams. Two 12-year-old transgender girls, backed by the American Civil Liberties Union (ACLU), its Ohio affiliate and the law firm Goodwin, sued the state in March 2024, arguing that House Bill 68's health care restrictions put their and other trans youths' health and well-being 'at risk of severe and irreversible harm.' DeWine, in vetoing the bill, said similarly that his decision was 'about protecting human life.' 'Many parents have told me that their child would not have survived — would be dead today — if they had not received the treatment they received from one of Ohio's children's hospitals,' he said at the time. A January 2024 executive order signed by DeWine bans gender-affirming surgeries for minors in Ohio. Tuesday's ruling again prevents House Bill 68's restrictions on gender-affirming care from taking effect. The plaintiffs in their appeal did not challenge the law's prohibition on surgical care and have not claimed they would be harmed by its restrictions on school sports. 'This win 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,' said Freda Levenson, legal director at the ACLU of Ohio. 'Although this litigation will likely not end here, we remain fervently committed to preventing this egregious bill from ever again taking effect.' Ohio Attorney General Dave Yost (R) said he plans to appeal the court's decision. '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,' he said in a statement. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
