Ohioans are awaiting a federal court decision on a health care ban for transgender youth

On July 19, Judge Michael Holbrook of Franklin County Common Pleas Court heard the public’s final testimony in a trial to determine whether the state’s ban on health care for transgender youth is legal.

In April, Holbrook halted the move with a temporary restraining order following a March lawsuit by the American Civil Liberties Union (ACLU) of Ohio on behalf of two families with transgender children who were at risk of losing access to healthcare. good under the bill.

In the coming days or weeks, a judge will decide to suspend the law indefinitely with a preliminary injunction.

The way of the federal court

As part of an unprecedented wave of anti-transgender laws across the country, lawmakers passed Ohio House Bill (HB) 68 at the end of the 2023 legislative session – restricting access to health care for transgender youth and preventing transgender girls from competing in women’s sports from kindergarten. in college.

In December, Ohio Governor Mike DeWine (R-Columbus) vetoed the bill during a press conference at the Ohio Statehouse.

In January, members of the Ohio House and Senate voted to override the governor’s veto, prompting a lawsuit from the American Civil Liberties Union (ACLU) of Ohio in an effort to block the bill from passing. it works.

After the ACLU’s lawsuit, the Franklin County Court of Common Pleas denied an emergency request by Ohio Attorney General Dave Yost to enforce the law.

Families of trans youth speak out

The Goe Family, who chose to use a pseudonym, told Holbrook that their child may need to start taking preventive medication again after a scheduled July 2024 appointment with a multidisciplinary health care team.

Moe’s family, who have chosen to use a pseudonym, say their child – who is currently on birth control – may wish to start hormone replacement therapy (HRT) in their teenage years. .

“It’s a big problem,” said ACLU of Ohio executive director Freda Levenson, describing the growing number of cases where transgender children have to move out of the state in order to get health care as they grow up — including other forms of speech therapy and counseling.

“Gender-affirming health care is safe, effective and supported by every major medical community in our country,” Levenson said in a statement. “Our brave consumers need, and have a constitutional right, to access these well-founded treatments.”

When lawyers asked Goe about the potential impact of HB 68 on her child, she described the expected decline in her child’s mental and physical health.

That would be very stressful for him. He would be affected mentally and emotionally, spiritually, and in the conditions of our community, he will not want to leave the house,” Goe said. He would not feel that he could be free to live in this world as he is. It would prevent him from getting the care he needs.”

Anti-transgender evidence

California resident and prominent anti-transgender activist Chloe Cole also spoke in support of the bill.

As of 2022, Cole has benefited from public testimony in support of anti-transgender legislation across the country, often in collaboration with anti-LGBTQ+ and anti-transgender groups such as Do No Harm – anti-transgender advocacy group founded in 2022.

Last year, Huffpost reported that the organization has lobbyists in Kansas, Missouri, Tennessee and Florida, as well as a network of doctors who are often paid to provide evidence and public testimony that rejects the general medical consensus. major medical organizations on sexual health care – incl. American Medical Association (AMA), American Academy of Pediatrics (AAP) and World Health Organization (WHO).

Cleveland-based anti-transgender activist and psychiatrist Dr. Stephen Levine also testified in support of the ban.

Levine has appeared as an expert witness in more than a dozen cases across the United States and overseas, arguing in favor of health care restrictions for transgender people.

According to the Huffpost report, Levine also earns a profit from giving anti-transgender testimony, and was paid at least $40,000 to give anti-transgender testimony on behalf of the state of Arkansas during the state’s first lawsuit over the ban. of health care for transgender youth.

What happens next?

Attorneys with the ACLU of Ohio say it could take weeks for Holbrook to announce his decision.

However, attorneys for both sides have indicated they plan to appeal, which could bring the case before the Ohio Supreme Court.

The court is currently split between four Republicans and three Democrats — but with three seats up for grabs in the 2024 general election, the court’s political consensus could change before it hears the case.

On July 24, the ACLU of Ohio shared a post on social media website X, formerly known as Twitter, urging Holbrook to “turn the temporary ban on HB 68 into a permanent one. ” 🔥

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ignite the action

• To register to vote or check your Ohio state voter eligibility status, click here.
• For contact information for your Ohio state representative, click here.
• For contact information for your Ohio senator, click here.
• If you are an LGBTQ+ youth in crisis, please contact the Trevor Project: 866-4-U-Trevor.
• If you are a transgender adult who needs immediate help, contact the National Trans Lifeline: 877-565-8860