Latest news with #FredaLevenson
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.
Washington Post
18-03-2025
- Health
- Washington Post
Ohio court overturns state ban on gender-affirming care for trans youth
A state appeals court overturned Ohio's ban on gender-affirming care for transgender youth, preserving access to such treatments in Ohio and the latest development in a year-long battle over the law. A three-judge panel on the Tenth District Court of Appeals ruled Tuesday that the ban is 'unconstitutional on its face' and imposed a permanent injunction on the statute — which means families of transgender children will be able to access gender-affirming medical treatments, such as puberty blockers and hormone therapy, within the state. 'We find a minor's access to puberty blockers and hormone therapy to treat gender dysphoria … is the type of medical decision parents have a fundamental interest in making on behalf of their children,' the judges wrote. 'Such a sweeping and inflexible ban on parents' ability to access medical care for their children is not narrowly tailored to advance the state's articulated interest: the protection of children.' The legal battle is likely to continue — with the case appearing before the Ohio Supreme Court — as state leaders immediately promised to challenge the ruling. 'We are appealing that decision and will seek an immediate stay. There is no way I'll stop fighting to protect these unprotected children,' Ohio Attorney General Dave Yost said in a statement Tuesday. 'Ohio's elected representatives properly passed legislation protecting children from irreversible chemical sex change procedures, and the trial court upheld the law.' Trans rights advocates rejoiced over the appeals court's decision. Many of them have battled the statute since its introduction in the Ohio Statehouse more than a year ago. '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, which represented the plaintiffs in the case. 'Although this litigation will likely not end here, we remain fervently committed to preventing this egregious bill from ever again taking effect.' The 10th District Court of Appeals' ruling on Tuesday follows a lengthy clash over the Ohio law, which split the state's Republican Party and has left some Ohio families in a lurch — debating whether to move out of state or anxiously await court rulings. The Ohio Statehouse in December 2023 passed the Saving Adolescents From Experimentation Act, or SAFE Act, which prohibited hormone therapy, puberty blockers and gender-reassignment surgery for people under 18. The measure also prohibited transgender girls from playing on sports teams designated for girls and women in high school and college, known as the Save Women's Sports Act. Gov. Mike DeWine (R) spent nearly two weeks consulting medical professionals and families with transgender children, ultimately vetoing the bill and breaking from fellow Republican governors on the issue of gender-affirming care. Ohio legislators in January 2024 overrode DeWine's veto, making the bill law. In March 2024, two families sued in Franklin County Court to stop the ban. In August, Franklin County Judge Michael J. Holbrook upheld the law, allowing the ban to go into effect — which the American Civil Liberties Union and its Ohio chapter appealed. The 10th District Court of Appeals's decision on Tuesday allows families of trans youth to resume gender-affirming care in the state. 'Today is a great day for trans youth, justice, and the people of Ohio. It is proof of a system under attack but not destroyed by ignorant hatred. We don't know what the future holds, but today it is once again legal in Ohio to receive and provide most gender-affirming care at any age, in alignment with international best practices,' said Dara Adkison, executive director of advocacy group TransOhio. National medical associations, including the American Medical Association and the American Academy of Pediatrics, have said gender-affirming care for trans children is medically necessary and appropriate. But the issue has been a flash point nationwide. President Donald Trump on the campaign trail promised to drive 'transgender insanity' out of schools. Since taking office, his administration has taken aim at protections for transgender people, including signing an executive order attempting to end federal support for gender-transition care for people under the age of 19. Meanwhile, nearly two dozen states have passed bills similar to Ohio's. Proponents argue that such measures protect children's health; opponents argue that the bills are not supported by science and infringe on transgender people's rights. Like Ohio's, many bans are mired in legal challenges. Supreme Court justices in December heard oral arguments in a case challenging a Tennessee law that bans gender transition care for youth — the first opportunity the justices have to consider the constitutionality of such restrictions. The high court's decision could determine whether gender-affirming care bans across the nation will stand.
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.
