The American Civil Liberties Union (ACLU) filed a lawsuit on Tuesday challenging the Ohio ban on gender-affirming health care for transgender minors. The action has been undertaken jointly by the ACLU, the ACLU of Ohio, and global law firm Goodwin, on behalf of two families fearing their children may lose access to the necessary healthcare.
At the center of this legal challenge is House Bill (HB) 68, a legislation that proscribes transgender surgeries and hormone therapy for minors and forbids transgender athletes from participating in women’s and girls’ sports. The ACLU alleges the bill to be discriminatory against transgender individuals, claiming its violation of many facets of the state constitution, including the single-subject rule, Health Care provision, Equal Protection Clause, and Due Course of Law provision.
The law was enacted in January following the state legislature’s decision to override Governor Mike DeWine’s veto of the bill. Notably, Governor DeWine labeled his veto a pro-life stance, considering the elevated suicide rates among transgender youth when they fail to receive adequate treatment.
Furthermore, the ACLU of Ohio emphasized gender-affirming medical care as “lifesaving health care” for those dealing with gender dysphoria. This type of medical assistance, which is substantially backed by major medical associations across the nation, should be exempt from governmental intervention, emphasized the plaintiffs.
The lawsuit seeks a temporary restraining order aimed at preventing the enforcement of HB 68. It also seeks to have the ban declared unconstitutional. Should the restraining order fail to materialize, the law will take effect on April 24.
Ohio is one amongst 23 U.S. states to have banned gender-affirming health care for transgender minors, and parallels can be drawn from similar legal battles in Louisiana, Alabama, and Texas. In an alarming trend, a growing number of state legislations are directing efforts against the LGBTQ+ community. The challenges faced by the community have escalated to such an extent that in 2023, the Human Rights Campaign declared a state of emergency for LGBTQ+ folks in the US.
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