The Franklin County Common Pleas Court found so issued a fleeting restraining order halting Ohio’s statewide health care ban for transgender youth.
Result of a lawsuit brought against the state of Ohio by a civil rights nonprofit American Civil Liberties Union (ACLU), ACLU of Ohio and global law firm Goodwin Proctor, a fleeting restraining order will prevent Ohio House Bill (HB) 68 from going into effect on April 24.
The fleeting restraining order would remain in effect for at least 14 days or until the plaintiffs’ motion for a preliminary injunction is granted – which would maintain the status quo, allowing transgender youth to continue receiving health care services statewide until the courts issue a final ruling. decision.
Officially titled “Protecting Youth from Experimentation (SAFE) Act”HB 68 bans health care for transgender Ohioans under the age of 18, rejecting the medical consensus of doctors and health care providers across the country, including American Medical Association (AMA) and American Academy of Pediatrics (AAP).
IN a written statement released on Tuesday in the afternoon, the ACLU of Ohio expressed hope that the ban would be permanently lifted.
“Our legal battle will continue until we hope this cruel restriction is permanently blocked,” said Freda Levenson, legal director of the ACLU of Ohio. “Ohio families have a constitutional right to make personal health care decisions without government interference.”
Judge issues ‘fleeting restraining order’
By issuing a fleeting restraining order, Franklin County Common Pleas Court Judge Michael J. Holbrook he pointed out that the bill directly violates Art “single subject rule”.
During her tenure in the Ohio House of Representatives, HB 68 was paired with the Save Women’s Sports Act, an unrelated piece of legislation that would prohibit transgender girls and women from participating in women’s sports from kindergarten through college.
“This Court is unable to discern the ‘main’ object of the bill,” Holbrook wrote. “The title of the act itself refers to two topics.”
The single-entity rule was intended to prevent “legislative riders” and “logrolling,” the backroom trading of favors between politicians.
In the Court’s decision, Holbrook directly accused Republican lawmakers of engaging in both practices:
“This Court is not indifferent to the fact that the General Assembly was unable to separately enact the SECURITY portion of the Act and that it was only after the registration of the provisions relating to the saving of women’s sports that it was able to enact it.”
Preventing “immediate and irreversible” harm
Because teens often mature at different ages and rates, Holbrook called the ban a direct threat to the health and safety of transgender youth across the state.
“There is no doubt as to the irreparable nature of the actual physical injuries suffered by the plaintiffs as a result of the execution of the judgment [HB 68]Holbrook said. “There is certainly a point at which the changes that occur in the body as a result of puberty progress cannot be reversed.”
The Court also noted Ohio Governor Mike DeWine’s decision to veto the bill, which Republican lawmakers voted for just days later.
Holbrook directly quotes DeWine in his decision: “[Parents] “They are making decisions about the most precious thing in their lives, their child, and none of us should underestimate the seriousness of these arduous decisions.”
Ohioans are responding
Baptist pastor and main sponsor of HB 68, Ohio House Representative Gary Click (R, Vickery), issued a written statement expressing disappointment with the court’s decision to block the healthcare ban.
Click’s statement makes misleading and misleading claims about suicide rates among teenage transgender people.
In response to the order, conservative Ohio Attorney General Dave Yost, who is one of the defendants named in the lawsuit, said Republican lawmakers plan to “fight vigorously” for the ban despite the fleeting block.
Ohio Trans Allies — a statewide coalition of Ohioans advocating for transgender civil rights at the Statehouse — released a written statement Tuesday celebrating the court’s decision allowing transgender youth continued access to health care statewide.
“Unlike Statehouse, this news gives us hope that facts and human rights can be considered in decision-making,” the statement said.
Civil Rights Organization in Ohio Equality, Ohio also issued a statement on the Court’s decision:
“Today’s decision is a reprieve for Ohio families who have been nearly deprived of essential health care by their elected leaders,” said Public Policy Director Maria Bruno. “We applaud the ACLU of Ohio for leading this charge.”
Harper Seldin, an ACLU attorney, called the ruling “a victory for transgender Ohioans and their families.”
“Ohio’s ban is a blatantly discriminatory violation of the rights of transgender youth and their parents, and poses a real threat to the very young people it purports to protect,” Seldin added. “We are committed to opposing this law until it is permanently repealed, making Ohio a safer place for every family to raise.” 🔥
Ignite the action
- 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.
- To access the full transgender legislation tracker, click here.
- To apply for financial assistance through the TransOhio Emergency Fund (including insurance, travel, housing, moving costs and more), click here.
- To donate to the TransOhio emergency fund, click here.
- If you are an LGBTQ+ teenage person in crisis, please contact the Trevor Project: 866-4-U-Trevor.
- If you are an LGBTQ+ adult in need of immediate assistance, please contact the National Trans Lifeline: 877-565-8860
