Ohioans await federal court’s decision on healthcare ban for transgender youth

On July 19, Judge Michael Holbrook of Franklin County Common Pleas Court heard the final public testimony in a trial to determine whether the state’s ban on healthcare for transgender youth is legal.

In April, Holbrook put the measure on hold with a temporary restraining order following a March lawsuit by the American Civil Liberties Union (ACLU) of Ohio on behalf of two families with transgender children at risk of losing access to healthcare under the bill.

In the coming days or weeks, the judge will decide whether to halt the law permanently via a preliminary injunction.

Path to federal court

Part of an unprecedented wave of anti-transgender legislation across the country, lawmakers passed Ohio House Bill (HB) 68 at the end of the 2023 legislative session – banning access to healthcare for transgender youth and barring transgender girls from competing in women’s sports from kindergarten through college.

In December, Ohio Gov. Mike DeWine (R-Columbus) vetoed the bill during a press conference at the Ohio Statehouse.

In January, members of the Ohio House and Senate voted to override the governor’s veto, triggering a lawsuit from the American Civil Liberties Union (ACLU) of Ohio in an effort to stop the bill from taking effect.

Following the ACLU’s lawsuit, the Franklin County Court of Common Pleas denied Ohio Attorney General Dave Yost’s emergency request to enforce the law.

Families of trans youth speak out 

The Goe Family, who have opted to use a pseudonym, told Holbrook their child may need to begin taking puberty-blocking medicine after a scheduled July 2024 appointment with a multidisciplinary healthcare team.

The Moe family, who also chose to use a pseudonym, said their child – who is currently taking puberty-blocking medicine – may wish to begin hormone replacement therapy (HRT) as they enter their teens.

“The stakes are huge,” said ACLU of Ohio legal director Freda Levenson, describing increasingly common instances in which transgender minors must travel out-of-state in order to access healthcare as they grow – including some types of talk therapy and counseling.

“Gender-affirming healthcare is safe, effective, and supported by every major medical society in our country,” Levenson said in a statement. “Our courageous clients need, and have a constitutional right, to access these well-established treatments.”

When attorneys asked Goe about the potential effect HB 68 would have on her child, she described an expected decline in her child’s mental and physical health.

“That would be devastating to her. She would be affected mentally and emotionally, spiritually, and in the context of our community, she would not want to leave the house,” Goe said. “She would not feel like herself to be free to exist in this world as who she is. It would keep her from being able to access getting the care she needs.”

Anti-transgender testimony

California resident and prominent detransitioner and anti-transgender activist Chloe Cole also spoke in support of the bill.

Since 2022, Cole has profited from providing public testimony in support of anti-transgender legislation across the country, often in partnership with anti-LGBTQ+ and anti-transgender groups like Do No Harm – an anti-transgender advocacy group founded in 2022.

Last year, Huffpost reported the organization has lobbyists in Kansas, Missouri, Tennessee and Florida, along with a network of doctors who are often paid to provide depositions and public testimonies that rejects the general medical consensus of major medical organizations regarding gender affirming healthcare – including the American Medical Association (AMA), the American Academy of Pediatrics (AAP) and the World Health Organization (WHO).

Cleveland-based anti-transgender activist and clinical psychiatrist Dr. Stephen Levine also testified in support of the ban.

Levine has appeared as an expert witness in more than one dozen cases across the United States and abroad, arguing in favor of healthcare bans for transgender people.

According to reporting by Huffpost, Levine also profits from providing anti-transgender testimony, and was paid at least $40,000 to provide anti-transgender testimony on behalf of the state of Arkansas during the nation’s first ever trial regarding healthcare bans for transgender youth.

What happens next?

Attorneys with the ACLU of Ohio said it could take weeks for Holbrook to announce his decision.

However, attorneys on both sides have indicated they plan to appeal, which will likely land the case before the Ohio Supreme Court.

The court is currently split between four Republicans and three Democrats – but with three seats set to open up in the 2024 general election, the court’s political alignment could shift before hearing the case.

On July 24, ACLU of Ohio shared a post via the social media website X, formerly known as Twitter, urging Holbrook to “turn the temporary block on HB 68 into a permanent one.” 🔥

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.
• If you are a young LGBTQ+ person in crisis, please contact the Trevor Project: 866-4-U-Trevor.
• If you are an transgender adult in need of immediate help, contact the National Trans Lifeline: 877-565-8860