COLUMBUS, Ohio — A Franklin County judge temporarily blocked a ban on gender-affirming care for minors on Tuesday.
The law, set to take effect on April 24, bans gender-affirming surgeries and hormone therapies, and restricts mental health care for transgender individuals under 18. The measure also bans transgender girls and women from girls and women’s sports teams at both the K-12 and collegiate level.
House Bill 68 was vetoed by Ohio Gov. Mike DeWine in December. That veto was overridden by the Republican-dominated House and Senate earlier this year.
Just three weeks ago, two families of transgender minors filed a constitutional challenge to the law. The litigation alleges the law denies transgender youth health care and specifically discriminates against their accessing it.
A statement from the ACLU of Ohio read in part:
"The plaintiffs, represented by the American Civil Liberties Union, the ACLU of Ohio, and the global law firm Goodwin Procter, successfully argued that the plaintiffs are likely to win their claim that House Bill 68 violates the Ohio Constitution because it covers more than one single subject. The Court enjoined the Health Care Ban as well as a ban on transgender girls participating on girls or women’s sports teams that was also contained within House Bill 68."
The temporary block by the Franklin County Court of Common Pleas will be in effect for 14 days or until the hearing of plaintiffs’ motion for a preliminary injunction.
Franklin County Judge Michael Holbrook said in a written opinion that it’s likely that it violates a requirement that state legislation deal with a single subject.
Opponents of HB 68 like Mallory Golski, the civic engagement and advocacy manager for Kaleidoscope Youth Center, said this news comes as a relief to many of the kids they work with in the community.
"It buys them a little bit more time to continue receiving that care, to pursue that care if they had not already been on hormones,” Golski said.
Golski said this type of care is a way for transgender people to be able to see themselves when they look in the mirror as who they truly are.
"Its a way for them to look in the mirror and not be burdened by body parts that they don't want to have there. Its a way for them to hear their voice the way they want it to sound,” Golski said.
For lawmakers like State Representative Gary Click, who co-sponsored the bill, this decision by the judge does not come as a surprise.
"We have lower court disappointments but higher court victories,” Rep. Click said.
Click believes if this case makes its way to the Ohio Supreme Court, the bill will eventually be passed.
"Because there's no constitutional right to injure children, there's no constitutional right to chemically castrate children… there is no constitutional right to this, this is malpractice and we're gonna win in the end,” Click said.
On Tuesday, Governor DeWine said this is something that will continue to play out in court.
"Everybody knew that this would go to court eventually… whatever the decision the local judge makes, it will go up to the court of appeals and I'm sure it will go from there to the Ohio Supreme Court,” DeWine said.
Until then, both sides said they plan to keep fighting.
"We know that we're just gonna have to keep up this fight in the long term,” Golski said.
"We will prevail in the end as this makes its way in the justice system,” Click said.