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Ohio Ban on Gender-Affirming Care Overruled by Lawmakers

PUBLISHED: January 24, 2024 at 5:05 pm

Ohio lawmakers have voted to override Governor Mike DeWine’s veto and enact a ban on gender-affirming care for transgender minors. This decision has sparked intense debates and drawn criticism from advocates of transgender rights. With this controversial law set to take effect in 90 days, Ohio becomes the latest state to restrict access to gender-affirming care.

The Ohio Ban on Gender-Affirming Care, also known as House Bill 68, has been a topic of significant controversy. The ban encompasses multiple aspects, including the prohibition of gender-affirming surgeries, hormone therapies, and mental health care for transgender individuals under the age of 18. Additionally, the law bars transgender girls and women from participating in girls’ and women’s sports teams at both the K-12 and collegiate levels.

The bill passed the Ohio Senate with a vote of 24 in favor and 8 against, following a similar party-line vote in the House. Governor DeWine initially vetoed the legislation, emphasizing his belief in parental decision-making regarding medical care. However, the legislature successfully overrode his veto, making Ohio the 22nd state to ban gender-affirming care for transgender minors.

Proponents of the ban argue that it preserves the integrity of girls’ and women’s sports and ensures fairness in competition. They contend that allowing transgender girls and women to participate in these sports could provide an unfair advantage due to potential physiological differences. Supporters also claim that gender-affirming care for minors is a decision that should be made by parents, rather than by the government or medical professionals.

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State Senator Kristina Roegner, a vocal advocate for the ban, argued that the concept of gender-affirming care contradicts biology. She stated, “Despite what the liberals say, gender is not assigned at birth, but rather from the moment of conception, you are either male or female. There is no such thing as gender-affirming care. You can’t affirm something that doesn’t exist.”

Opponents of the ban, including Democrats and LGBTQ+ advocates, vehemently oppose the restrictions on gender-affirming care. They argue that such care is crucial for transgender youth struggling with their identity and can save lives. Advocates highlight that every major medical association endorses gender-affirming care and emphasize the importance of evidence-based, life-saving medical interventions.

Senate Minority Leader Nickie Antonio criticized the ban, stating, “Politicians have no business banning evidence-based, life-saving medical care—especially when it is endorsed by every major medical and mental health association.” Opponents argue that the ban infringes upon the rights of transgender individuals, undermines their well-being, and contributes to a hostile environment.

Ohio’s ban on gender-affirming care for transgender minors is likely to face legal challenges in the coming months. Similar laws in other states have encountered legal opposition, with courts issuing mixed rulings. In Arkansas, the nation’s first law banning gender-affirming care was struck down by a federal judge, who cited violations of the due process rights of transgender youth and their families.

While litigation plays out in several states, laws restricting or banning gender-affirming medical care for transgender minors remain on hold. However, Ohio’s ban stands out from others by also prohibiting mental health professionals from diagnosing or treating gender disorders without parental consent—a unique aspect of the legislation that further fuels the legal debate.

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The Ohio ban on gender-affirming care presents significant challenges and potential consequences for transgender individuals, particularly minors. With access to critical medical interventions restricted, transgender youth may experience increased distress and face obstacles in their journey of self-discovery and self-acceptance. The ban not only affects transgender individuals within Ohio but also impacts those from other states who previously sought treatment in Ohio due to similar bans in their home states.

Transgender rights advocates and LGBTQ+ organizations have expressed concern and disappointment regarding this legislation. Kelley Robinson, head of the Human Rights Campaign, hinted at potential legal interventions, pointing to court rulings that have blocked similar bans on equal protection grounds. The battle over transgender rights is likely to continue as advocates strive to protect the rights and well-being of transgender individuals across the country.

The Ohio ban on gender-affirming care reflects a broader trend in the United States, with multiple states enacting similar restrictions. At least 22 states have implemented laws that restrict or ban gender-affirming medical care for transgender minors. However, legal challenges persist, and some of these laws are currently on hold due to ongoing litigation.

In addition to gender-affirming care bans, at least 20 states have approved blanket bans on transgender athletes participating in K-12 and collegiate sports teams that align with their gender identity. However, the Biden administration has proposed a rule to forbid these outright bans, asserting that they violate Title IX, a landmark gender-equity legislation enacted in 1972. This proposed rule aims to ensure equal opportunities for transgender athletes and is set to be finalized this year.

The Ohio ban on gender-affirming care for transgender minors has generated significant controversy and sparked passionate debates between supporters and opponents. While proponents argue that the ban protects the integrity of girls’ and women’s sports and upholds parental decision-making, opponents contend that it infringes upon the rights and well-being of transgender individuals. The legal battles surrounding similar bans in other states illustrate the complexity of the issue and the ongoing fight for transgender rights. As the ban takes effect in Ohio, the impact on transgender individuals, particularly minors, remains a matter of concern and advocacy for many.

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