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Ohio judge allows ban on gender-affirming care, transgender athletes

Federal appeals court overturns West Virginia transgender sports ban
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COLUMBUS, Ohio — 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.

This is a developing story and will be updated.

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.

Back in July, parents and doctors testified to prevent the state from enforcing the ban, citing the ban would "deny basic human rights."

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"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," said Bethany McCorkle, the Attorney General’s Communications Director.

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," ACLU legal director Freda Levenson said.

Earlier this year, we reported that more than 100 families with transgender members have made plans to leave the state after Ohio Republicans passed an override on Gov. Mike DeWine's veto of a bill banning gender-affirming care.

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In December, DeWine vetoed the legislation and said: “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 better than the two people who love the child the most - the parents. I cannot sign this bill as it was currently written and just a few minutes ago, I vetoed the bill.”

The following month, the vast majority of Republican lawmakers voted to override DeWine.