CINCINNATI — In the wake of a judge's ruling on Ohio legislation that is considered anti-trans by most advocates, some families with transgender teens are now contemplating moving out of the state.
A Republican judge in Ohio ruled Tuesday that the state's law banning gender-affirming care for transgender youth can go into effect. The controversial legislation also prohibits trans athletes from participating in middle, high school or college athletics on teams that align with their identity.
Franklin County Court of Common Pleas Judge Michael Holbrook ruled that House Bill 68 is constitutional.
"Upon careful review and consideration of the evidence, the Court finds the Health Care Ban reasonably limits parents' rights to make decisions about their children's medical care consistent with the State’s deeply rooted legitimate interest in the regulation of medical profession and medical treatments," Holbrook wrote in his decision.
The controversial legislation prevents LGBTQ+ minors from accessing care such as hormone blockers, hormone replacement therapy (HRT) and some mental health services.
Proponents of the legislation tout it as a parental rights bill.
"I have many parents who are like, I don't understand. I now can't make medical decisions with expert doctors as a parent," said Tristan Vaught, co-founder of Transform Cincy. "They'd be asking why they aren't allowed to have this space with their doctors and experts, and why they aren't allowed to make these decisions with their family."
Transform Cincy works to provide free wardrobes to transgender and gender non-conforming youth between five and 25 years old, Vaught, who's non-binary and uses they/them pronouns said.
"It completely flips their world upside down right now," they said. "You're now having to plan. What does the future look like for my child, for trans teens right now."
Vaught said many of the families they're speaking with right now, who have the means, are contemplating one question.
"Some of the individuals who know right now and have the ability to move out may do so," Vaught said.
Amanda Mendon, a transgender woman, and her partner Helena Bryant are contemplating that question with their transgender son, Mark.
"[Mark] has already looked into the worst-case scenario," Mendon said. "I have family in Minnesota, and Minnesota is a sanctuary state."
Mendon and Bryant met several years ago while protesting at a pride rally. They say with their 16-year-old simultaneously being treated for autism, there's worry surrounding access to healthcare.
"So at what point does his mental health [care] for his autism cross over [into] his mental health care, for his gender-affirming care," Mendon said. "And when is the state going to cut that off?"
"The Attorney General applauds the trial court’s decision. This case has always been about the legislature’s authority to enact a law to protect our children from making irreversible medical and surgical decisions about their bodies. The law doesn’t say 'no' forever; it simply says 'not now’ while the child is still growing," Bethany McCorkle, the Attorney General’s Communications Director, said.
The ACLU plans to appeal.
“This loss is not just devastating for our brave clients, but for the many transgender youth and their families across the state who require this critical, life-saving health care. While this decision by the court is a genuine setback, it is not the end of the road in our fight to secure the constitutional rights of transgender youth, as well as all Ohioans’ right to bodily autonomy. We are appealing immediately," said ACLU legal director Freda Levenson.
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