The American Civil Liberties Union of Ohio (ACLU of Ohio) has filed a lawsuit against the state of Ohio challenging Ohio House Bill (HB) 68 – which is set to ban healthcare for transgender youth across the state beginning April 24, 2024.
In February, Ohio governor Mike DeWine vetoed the bill. However, lawmakers returned from recess early, voting to override the governor’s veto first in the House and then in the Senate.
In a written statement released March 26, the nonprofit civil rights organization announced the suit had been filed in the Franklin County Court of Common Pleas on behalf of two Ohio families raising transgender children now “at risk of losing critical, medically necessary healthcare,” under Ohio law.
“The plaintiffs are requesting the court to issue a temporary restraining order to prevent enforcement of House Bill 68 and to declare the gender-affirming care ban unconstitutional,” the ACLU of Ohio said – effectively blocking the law before it takes effect next month.
Filed in partnership with global law firm Goodwin, the lawsuit argues that HB 68 violates multiple sections of the Ohio Constitution, including the Health Care provision, the Equal Protection Clause and the Due Course of Law provision.
The lawsuit also asserts that HB 68 violates Ohio’s one-subject rule. In addition to banning healthcare for trans youth, the bill also contains unrelated language banning transgender girls from competing in sports from kindergarten through college. The Ohio Constitution outlaws bills from containing “more than one subject,” so as to promote “legislative transparency and public accountability.”
HB 68 primary sponsor Rep. Gary Click (R-Vickery) said that the bill does not violate the one-subject rule.
“Sex is an immutable, biological trait relevant in all parts of this legislation,” Click wrote in an e-mail to The Buckeye Flame.
Also noted in the lawsuit, the healthcare ban rejects general medical consensus around gender-affirming healthcare for transgender youth and defies standards of care set by the American Medical Association, the American Academy of Pediatrics and the American Psychological Association.
“HB 68’s restrictions on medical care for the transgender youth community not only defy medical consensus and expert judgment but eliminates a parent or caregiver’s fundamental right to make critical, informed healthcare decisions for them.” said Allison DeLaurentis and Miranda Hooker, partners in Goodwin’s Complex Litigation & Dispute Resolution practice.
“H.B. 68 violates the Ohio Constitution in multiple ways,” added Freda Levenson, Legal Director at the ACLU of Ohio. “We will fight in court to ensure that trans youth and their parents can access critically important, lifesaving healthcare without government intrusion.”
The civil rights organization also called the bill part of a larger “nationwide political trend attacking LGBTQ+ rights by stripping away healthcare protections and undermining the right to bodily autonomy.”
Across the country, anti-transgender legislation has jumped by more than 2,700% since 2015.
According to the Trans Legislation Tracker, there are currently 533 pieces of anti-transgender legislation active in more than 40 states.
In addition to HB 68, Ohio governor Mike DeWine has also proposed a set of administrative rules restricting healthcare for all transgender Ohioans – including adults.
Both the Ohio Department of Health (ODH) and the Ohio Department of Mental Health and Addiction Services (OMHAS) have held public hearings on the rules, which are also tentatively scheduled for review by the Joint Committee on Agency Rule Review (JCARR) on April 15. 🔥
Editor’s note: This piece was updated on 3/28 to include the response received from Rep. Click.
Ignite Action
- To register to vote or to check your voter eligibility status in the state of Ohio, click here.
- To find contact information for your Ohio state representative, click here.
- To find contact information for your Ohio senator, click here.
- To access the full Trans Legislation Tracker, click here.
- For more information on active designated hate groups across Ohio, click here.
- If you are a young person struggling, contact the Trevor Project: 866-4-U-Trevor.
- If you are an adult in need of immediate help, contact the National Trans Lifeline: 877-565-8860
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