COLUMBUS, Ohio — During a news conference, Governor Mike DeWine signed an executive order banning gender transition surgery for minors on Friday morning.
The executive order says the Ohio Department of Health has drafted rules to prevent gender transition surgeries on anyone under the age of 18 in any Ohio hospital or healthcare facility, including ambulatory surgical facilities.
"This will ensure surgeries of this type on minors can ever happen in Ohio," DeWine said. "I know that is one of the concerns that has been expressed. I never disagreed with that. If we look at what evidence there is, there's very little that that is occurring, but let's make sure. That's what this does."
The order will last for 120 days, "or upon the adoption of the rules through the normal JCARR process, whichever is sooner."
The move comes days before Ohio lawmakers plan to return from holiday hiatus.
Lawmakers have indicated they plan to override DeWine's Dec. 29 veto of House Bill 68, which would have banned gender-affirming care in Ohio including hormone blockers, hormone replacement therapy (HRT), medical or surgical procedures and some mental health services.
The bill also would have prevented anyone not born female from participating in girls' sports in Ohio.
Because the bill passed in the House and Senate with all 62 House Republicans and 24 out of 25 Senate Republicans voting in favor, lawmakers could have the votes needed to override DeWine's veto.
A three-fifths vote of the members of the House and Senate is necessary to override the governor's veto — meaning 60 representatives and 20 senators.
During Friday's news conference, DeWine also set forth draft administrative rules around gender-affirming care in minors and adults:
- The requirement of a multi-disciplinary team to support an individual through care, including but not limited to an endocrinologist, a bioethicist, and a psychiatrist.
- The requirement of a comprehensive care plan that includes sufficient informed consent from patients and parents — if we're dealing with the child — of the risk associated with treatment, and the requirement of comprehensive and lengthy mental health counseling prior to being considered for any other treatment.
During the press conference held when the governor announced his decision to veto HB 68, DeWine said his decision was based on preserving the lives of Ohioans.
"Parents have looked me in the eye and have told me that but for this treatment, their child would be dead," said DeWine.
He announced during that press conference that he planned to direct state agencies to draft rules that would ban gender transition surgery for anyone under 18, but he didn't say he'd planned to accomplish that through an executive order.
During the December press conference, DeWine said that he believed it wasn't the government's place to interfere with a parent's healthcare choices for their children.
"Were I to sign House Bill 68, or were House Bill 68 to become law, Ohio would be saying that the state, that the government, knows better what is medically best for a child than the two people who love that child the most — the parents," said DeWine.
You can read the full executive order here:
Signed Executive Order 2024... by WCPO 9 News
It's unclear whether the newly signed executive order will change the minds or votes of any lawmakers who were already intending to vote to override the HB 68 veto, but supporters of the bill were not happy the governor chose to veto it.
“I’m incredibly disappointed with Governor DeWine vetoing HB 68. It’s a common sense piece of legislation which would have Ohio join 22 other states in protecting families, protecting children from irreversible surgeries and making sure our daughters and other girls are safe on sports fields," said Rep. Adam Mathews (R-Lebanon), who co-sponsored the bill.
The state Republican Party chair, Alex Triantafilou, also released a statement.
“The Republican Party overwhelmingly supports HB 68 evidenced by the supermajority who voted to put this on the governor’s desk. I urge Republicans to come together to protect children, women, and to either override this veto or pass similar legislation without delay," Triantafilou said.
The Ohio House Speaker also released a statement hinting at a possible override of DeWine's veto.
“It is disappointing that the governor vetoed House Bill 68, the SAFE Act and Save Women’s Sports. The bill sponsors, and The House, have dedicated nearly three years to get the bill right — to empower parents and protect children. It was passed by veto-proof majorities in each chamber. We will certainly discuss as a caucus and take the appropriate next steps," Speaker Jason Stephens (R-Kitts Hill) said.
