The American Civil Liberties Union (ACLU) filed a lawsuit Tuesday challenging an Ohio ban on gender-affirming health care for transgender minors. The organization filed the suit along with the ACLU of Ohio and Goodwin, a global law firm, on behalf of two families whose children are at risk of losing access to such care.
The ACLU claims that House Bill (HB) 68, which bans transgender surgeries and hormone therapy for minors and prohibits transgender athletes’ participation in women’s and girls’ sports, is discriminatory against transgender individuals. The lawsuit claims the ban violates the state constitution’s single-subject rule, Health Care provision, Equal Protection Clause and Due Course of Law provision. Goodwin partners Allison DeLaurentis and Miranda Hooker stated, “HB 68’s restrictions on medical care for the transgender youth community not only defy medical consensus and expert judgment but eliminate a parent or caregiver’s fundamental right to make critical, informed, healthcare decisions for them.”
The law was enacted in January after the state legislature overrode Governor Mike DeWine’s veto of the bill. DeWine had cited his veto decision as “pro-life,” noting the increased risk of suicide among transgender youth that is associated with not obtaining proper treatment. The ACLU of Ohio also noted that gender-affirming medical care is “lifesaving health care” for individuals with gender dysphoria, and that it is supported by major medical associations across the nation. The plaintiffs emphasize that such private, vital and expert-approved health care should remain free from government intervention. Chase Strangio, Deputy Director for Transgender Justice at the ACLU, said, “HB 68 is government overreach point blank, and we are determined to reinstate Ohio families’ right to make personal medical decisions with healthcare providers – not politicians.”
The plaintiffs are asking the court to provide a temporary restraining order, which would prevent HB 68 from being enforced, and to declare the ban unconstitutional. If the restraining order is not provided, the law will come into effect on April 24.
Ohio is one of 23 states to ban gender-affirming health care for transgender minors. In many states, such as Louisiana, Alabama, and Texas, such laws have been challenged by LGBTQ+ activists and represent the growing trend of states enacting legislation that targets the LGBTQ+ community. A legislator in West Virginia, for example, introduced a bill in January that classifies transgender individuals as “obscene matter.” The Mississippi House of Representatives also passed a bill earlier this month that would define sex in binary terms and restrict acknowledgment of transgender and gender non-conforming individuals. In 2023, the Human Rights Campaign declared a state of emergency for LGBTQ+ people in the US, citing the significant increase in laws and harassment directed toward the community.
