In a drastic instance of state legislation overriding gubernatorial veto, the Ohio Senate on Wednesday acted in unison with its House counterpart to overpower Governor Mike DeWine’s attempt to block a contentious bill. The Senate’s vote follows an earlier House vote on January 10 to override the governor’s veto for HB 68. This combined action effectively negates the governor’s veto, thereby paving the way for the bill to become law.
In a nutshell, HB 68, now poised to effectize as law, prohibits physicians from prescribing cross-sex hormones or puberty-blocking drugs for transgender adolescents aiming to transition. The law severely restricts the space for medical professionals to diagnose gender dysphoria — the condition of distress caused by a discrepancy between a person’s gender identity and their sex assigned at birth. This diagnosis can now proceed only with a parent’s consent. In addition, the law explicitly bars doctors from performing gender-reassignment surgeries on minors.
The law does provide exceptions, notably for intersex persons — those born with ambiguous external biological sex characteristics—potentially as a nod to the medical procedures often performed on them early in their lives. Criticism abounds, particularly from intersex individuals and their parents, regarding the non-consensual or coerced nature of such procedures. A parent told ABC News,
“Trans people are being told, ‘You can’t possibly know anything about your body because you’re way too young’. And then for intersex people, it’s the opposite. The choice of your gender is so important that you can’t possibly wait until you’re old enough to understand.”
Several widely respected entities, such as the American Medical Association, have consistently supported gender-affirming care, and as recently as 2023, the Ohio Children’s Hospital Association proclaimed its opposition to HB 68.
The bill also includes a controversial clause that mandates sex segregation in school sports, practically banning transgender girls from participating in girls’ sports. It further prevents organizations and local governments from initiating any actions against such schools abiding by this policy.
This legislative move in Ohio is indicative of a growing trend of anti-transgender and anti-LGBTQ+ legislation across various conservative states. Several states brought forth over 500 anti-LGBTQ+ bills in 2023. Notably, Tennessee and Florida passed stringently restrictive laws on drag performances and school discussions, respectively. Some other states that pushed through similar laws include Texas, North Dakota, South Dakota and Nebraska.
Such laws have often been legally contested, with federal courts showing mixed responses. The passage of the Ohio bill indicates an escalating challenge to the rights of the transgender community, marking another point of concern for legal professionals engaged in civil rights law.