COLUMBUS, Ohio — Gov. Mike DeWine on Friday morning vetoed 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. The bill passed in the House and Senate with all 62 House Republicans and 24 out of 25 Senate Republicans voting in favor.
DeWine said he consulted with those both for and against the bill, including physicians at five of Ohio's children's hospitals, parents of children who have transitioned, counselors and people who are in favor of pausing access to gender-affirming care.
In the end, he said he felt he could do nothing but veto the bill.
"Parents have looked me in the eye and have told me that but for this treatment, their child would be dead," said DeWine.
He said he acknowledges that people on both sides of the issue sincerely believe their position is what's best to protect children in Ohio, but that it's a complex issue overall. Still, as it's currently written, DeWine said HB-68 fell short of what he felt was best for children who would have been impacted by the bill's enactment.
"This bill impacts a very small number of Ohio's children, but for those children who face gender dysphoria and for their families, the consequences of this bill could not be more profound," said DeWine.
He explained he'd spoken to many families in which children began gender-affirming care but did not complete it, or chose to de-transition later; those who fully transitioned told him their lives were strongly impacted for the better, he said.
DeWine said he'd been told — not just by parents, but by adults who transitioned — that gender-affirming care was life-saving.
"I've also been told by those who are now grown adults that, but for this care, they would have taken their life when they were teenagers," said DeWine.
He stressed that his decision was about preserving the lives of Ohioans.
He also said he felt treatments should be up to parents, who know their child best and can consult with medical professionals to navigate the complicated processes, along with therapy services.
"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.
DeWine said he does plan to take action, just not the specific actions outlined in HB-68.
He laid out three things he said he plans to direct his administration to take on:
- First, DeWine said he would direct state agencies to draft rules that would ban transgender surgery for anyone under the age of 18.
- Second, DeWine plans to direct agencies to draft rules that will require data on gender-affirming care be collected and reported to the general assembly every six months for both adult and minor patients.
- Third, DeWine said he would direct rules be drafted that will prevent pop-up clinics that often don't provide adequate care or lack necessary counseling components in their treatment.
Many activists expressed concerns about the bill, specifically as it could have impacted mental health issues among trans youth.
Tristan Vaught, Transform Cincy co-founder, said they feared the legislation banning gender-affirming care for minors could lead to young people diagnosed with gender dysphoria having increased complications.
Friday, Vaught applauded the governor's move to veto.
“I think it’s helpful for the community, giving them hope. A lot of people were ready to move out of the state, ready to pull their kids, so it’s a big deal," They said.
Cincinnati Children's Hospital Medical Center released a statement Friday reacting to the veto.
"We are thankful for Governor DeWine's thoughtful approach in thoroughly researching the issue of gender-affirming care and vetoing Sub HB 68 today. We welcome the opportunity to work with the Governor, the Ohio General Assembly and relevant state agencies to ensure Ohio's youth have access to the critical care they need while also addressing the actions identified by the Governor,” the statment said.
The Ohio Democratic Party also released a statement Friday.
"While we celebrate this veto, we remain vigilant against ongoing attacks. It’s time for politicians to stop attacking kids and focus on creating jobs and growing our economy. People over politics triumphed today. Thank you to leaders in the medical community who advocated for the best interests of their patients and to the LGBTQ+ Ohioans who bravely told their stories," the statement said.
Bill supporters testified to a Senate committee in late November that the gender-affirming care bans outlined in HB 68 — including certain mental health treatments, medication like puberty blockers and reassignment surgeries — would protect children in Ohio.
Matt Sharp with Alliance Defending Freedom testified before the government oversight committee as a proponent.
"This bill protects children. Children who deserve to have a natural childhood," Sharp said.
Others like Dr. David Bonnet testified that the science underlining gender-affirming care treatments, especially in the long-term, wasn't rock solid — leaving room for harm.
Retired pediatrician and Ohio American Association of Pediatrics consultant Christopher Bolling pushed back on bill supporters. He said the science behind gender-affirming care is constantly developing the same way all medical research constantly develops.
"Medicine is constantly evolving," he said. "Our treatment for cancer today is different than it was six weeks ago."
Bolling said that underscored why gender-affirming care should be left up to kids, their parents and medical professionals to decide without interference from lawmakers.
Friday bill supporters shared their reaction to DeWine's veto.
“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.
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. The bill passed forward with 64 representatives originally (62 after amendments) and 24 senators.
