Ohio’s Republican-dominated Supreme Court did rejected Republican Attorney General Dave Yost’s request to immediately implement a ban in Ohio on gender-affirming health care and transgender athletes.
Such orders are only issued “in limited circumstances and with an abundance of caution and restraint.”
Yost asked the Court to lift the transient restraining order Franklin County Common Pleas Court Judge Michael J. Holbrook, who ruled on April 16 that HB 68 violated Ohio law “single subject rule”.
“This Court is unable to discern the ‘primary’ object of the bill,” Holbrook wrote in his decision on the bill covering both health care and athletics. “The title of the act itself refers to two topics.”
In the complaint, Yost alleged that Holbrook lacked standing to make such a decision.
The Ohio Supreme Court categorically disagreed with the following:
“To suggest that a trial court judge has no authority to declare a law unconstitutional undermines the central philosophy of why courts exist – which is to say what the law is.”
Yost further argued that the transient restraining order should apply only to the families of transgender children directly named in the case.
The court also disagreed there.
“If a law that is apparently unconstitutional cannot be applied to a particular person, it cannot be applied to anyone else.”
The transient restraining order, which was scheduled to apply on May 20, has been extended until July 15, when an evidentiary hearing will take place. Trans equality advocates note that Ohio families are trying to begin gender-affirming care during this transition period, which would then be protected by the grandfather clause in HB 68.
“Today’s ruling on HB 68 is positive, but we encourage families to continue making contingency plans,” said Dara Adkison, newly appointed executive director of HB 68. TransOhio. 🔥
Ignite the action
- To learn more about the TransOhio Emergency Fund, ask for lend a hand or make a donation, click here.
- To see Ohio’s full list of LGBTQ+-related bills, click here.
- To register to vote or check your eligibility to vote in Ohio, click here.
- To find the contact information for your Ohio State Representative, click here.
- To find the contact information for an Ohio senator, click here.
- If you are a teenage LGBTQ+ person in crisis, please contact Trevor’s project: 866-4-U-Trevor.
- If you are a transgender adult in need of immediate lend a hand, please contact National Trans Lifeline: 877-565-8860
