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Appeals court blocks Ohio's ban on gender-affirming care for minors
Appeals court blocks Ohio's ban on gender-affirming care for minors

Yahoo

time18-03-2025

  • Health
  • Yahoo

Appeals court blocks Ohio's ban on gender-affirming care for minors

COLUMBUS, Ohio (AP) — 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. The 10th District Court of Appeals reversed the decision 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. Edelstein 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 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.

Ohio bill would create savings accounts for students attending private religious schools
Ohio bill would create savings accounts for students attending private religious schools

Yahoo

time28-02-2025

  • Business
  • Yahoo

Ohio bill would create savings accounts for students attending private religious schools

COLUMBUS, Ohio (WCMH) — A Senate bill would distribute public funds to families wanting to attend private religious schools that currently do not qualify for Ohio's voucher program. Senate Bill 68 would establish the Nonchartered Educational Savings Account Program, a government-funded initiative for families attending nonpublic, noncharter (NPNC) schools. Proponents say it will empower families to get equal access to schooling, and opponents say S.B. 68 is a legislative overreach that would divert funds from public schools. NPNC schools are schools that have not sought a state charter designation, typically for religious reasons. In doing so, these schools do not have to subscribe to state operating standards but are also not eligible for Ohio's voucher system. Ohio State cuts diversity offices, programming Ohio offers five vouchers or state-sponsored scholarships for students to attend private or charter schools. These initially were geared toward students who could not afford private school, but the program expanded in 2023 to allow any student, regardless of income, to receive at least a partial scholarship. See previous coverage of Ohio's vouchers in the video player above. Sponsored by Sen. Mark Romanchuk (R-Ontario), S.B. 68 would have the state treasurer establish an educational savings account for each participating NPNC student. These accounts could then be used to cover educational costs such as tuition or supplies. The program would begin in the 2026-2027 school year, and the funds would be equal to the state's average base cost per pupil, with families above 450% of the federal poverty guidelines receiving adjusted amounts. 'The best way to achieve the outcome that we all want, which are students who are flourishing and succeeding, is to put the parents in charge that education opportunity. They know what's best, and they're going to align their kid into the classroom, into that teacher environment that's going to best meet that student's needs,' Donovan O'Neil, director of Americans for Prosperity in Ohio, said. O'Neil testified at S.B. 68's second hearing, which took place Feb. 25, and believes the legislation would even the educational playing field in Ohio. The oldest of nine, O'Neil said he and his siblings had different educational paths based on what worked for them, so school choice has always been involved when he thinks of education. Not everyone is convinced. William Phillis, executive director for the Ohio Coalition for Equity and Adequacy of School Funding, said S.B. 68 would be another way to divert public funds to private, religious schools. Phillis is behind the Vouchers Hurt Ohio lawsuit challenging the constitutionality of Ohio's voucher programs. Marijuana, transportation bills move forward at Statehouse 'These schools that didn't want to have any state regulations agreed not to take any state money,' Phillis said. 'But now this clever device to give money to parents, and then they can give the money to the nonchartered, nonpublic schools, the totally unregulated schools.' Phillis also said S.B. 68 continues a trend in Ohio by giving public money to private religious institutions, specifically schools. The 100 schools with the highest voucher enrollment last year were all religiously affiliated. In October, a national advocacy group launched an investigation into the state, claiming its one-time payments to private Christian school renovations were unconstitutional. O'Neil said it wasn't about taxpayer dollars funding religion, it was about giving parents a choice. He said as long as the state is seeing better outcomes, it's worth spending money on. hillis said voucher students often perform worse than their public school counterparts. Ohio data shows voucher students historically performed much worse, but 2023-2024 test scores evened out, with voucher students performing 0.1% higher. Both those for and against S.B. 68 believe it is important the state properly funds education. For Phillis, that means using public money to adequately fund public schools. He pointed to the nearly $1 billion Ohio spent on private school vouchers last year, most of which went to students who did not have demonstrated financial need. O'Neil believes that means distributing funds to parents to use how they see fit. Phillis also said NCNP schools have a lack of accountability. He said these private schools would not held accountable for properly spending state funds that same way public schools are. There are several guidelines in place in S.B. 68 to protect state funds, but the bill allows NCNP schools to maintain their autonomy from the state. Vivek Ramaswamy's nonprofit is barely known, but it makes big claims 'As a put in the public sector, every dime that a public body spends is audited the state auditor,' Phillis said. 'Now, who audits the private schools? … Who audits the voucher money? Not the state auditor. Who audits Columbus City Schools? The state auditor. Why? Because it's public money. Public money ought to be audited.' O'Neil agreed it is important to be careful stewards of public dollars. However, as Ohio is already going to allocate significant funding toward K-12 education, he reiterated that it is important to allow parents to have a direct say in how their tax dollars are spent. 'As long as the state is involved in education, as it has a constitutional obligation to do so, what we should be doing and encourage legislators to do is fund programs that empower families,' O'Neil said. S.B. 68 is requesting $51 million to cover the costs, but its fiscal analysis acknowledges the actual cost would be driven by demand, which is difficult to anticipate. The Senate estimates there are 10,000 students between these 124 schools, with around 80 students per school. Using this estimate, NCNP schools make up just 0.5% of Ohio's K-12 enrollment. The fiscal analysis notes that S.B. 68 could divert funds from public schools, which receive state funding in part based on enrollment. 'What's unique about the nonchartered, nonpublic schools is they're oftentimes very, I would say, a lot smaller than your chartered or traditional public schools. And so they're able to provide a more customized, focused education,' O'Neil said. Phillis argued instead that these smaller schools contribute to separation. He said paying students to attend small, private institutions along religious and ideological lines would contribute to larger division in Ohio. S.B. 68 will continue in the Senate Finance committee, which does not have any meetings scheduled for next week as of publication. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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