On July 19, Judge Michael Holbrook of Franklin County Common Pleas Court heard the final public testimony in a trial that would determine whether the state’s ban on health care for transgender youth is legal.
In April, Holbrook put the measure on hold by issuing a ephemeral restraining order following a lawsuit filed in March American Civil Liberties Union (ACLU) of Ohio on behalf of two families with transgender children who are at risk of losing access to health care under the bill.
In the coming days or weeks, the judge will decide whether to permanently suspend the application of the act by means of a ephemeral injunction.
The Road 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 health care access for transgender youth and preventing 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 news conference at the Ohio Statehouse.
In January, members of the Ohio House of Representatives and Senate voted to override the governor’s veto, prompting a lawsuit by the American Civil Liberties Union (ACLU) of Ohio seeking to block the bill from taking effect.
In response to the ACLU lawsuit, the Franklin County Common Pleas Court dismissed the lawsuit Ohio Attorney General Dave Yost’s Request for Urgent Enforcement.
Families of transgender youth speak out
The Goe Familywho chose to operate a pseudonym, informed Holbrook that their child may need to start taking puberty-blocking medication after a scheduled July 2024 visit with a multidisciplinary health care team.
Moe’s family, who also chose to operate a pseudonym, said their child, who is currently taking puberty-blocking medication, may want to start hormone replacement therapy (HRT) when he hits puberty.
‘The stakes are enormous,’ says ACLU of Ohio legal director Freda Levensondescribing the increasing number of cases in which transgender minors must travel across state lines to access health care as they grow older — including some types of talk therapy and counseling.
“Gender-affirming health care is safe, effective, and supported by all major medical societies in our country,” Levenson said in a statement. “Our courageous clients need and have a constitutional right to access these well-established treatments.”
When lawyers asked Goe about the potential impact of HB 68 on her child, She described expected deterioration of the mental and physical health of her child.
“It would be devastating for her. She would be affected mentally and emotionally, spiritually, and in the context of our community, she wouldn’t want to leave her house,” Goe said. “She wouldn’t feel like herself if she could exist freely in this world as who she is. It would prevent her from accessing the care that she needs.”
Testimony against transgender people
California resident, prominent detransgender and anti-trans activist Chloe Cole also supported the bill.
Since 2022, Cole has been providing public testimony in support of anti-transgender legislation across the country, often in partnership with anti-LGBTQ+ and anti-transgender groups as Do no harm – a group working on behalf of transgender people, founded in 2022.
Last year, Huffpost reported the organization has lobbyists in Kansas, Missouri, Tennessee, and Florida, as well as a network of doctors who are often paid to provide testimony and public statements that reject the general medical consensus of mainstream medical organizations on gender-affirming health care—including American Medical Association (AMA)this American Academy of Pediatrics (AAP) and World Health Organization (WHO).
Anti-transgender activist and Cleveland-based clinical psychiatrist Dr. Stephen Levine also testified in support of the ban.
Levine acted as an expert witness in more than a dozen cases By United States and abroad, advocating for a ban on healthcare for transgender people.
According to Huffpost reportsLevine also profits from testifying against transgender people and was paid at least $40,000 to testify on behalf of the state of Arkansas against transgender people in the nation’s first trial over a health care ban for transgender youth.
What happens next?
Lawyers for the ACLU (American Civil Liberties Union) in Ohio said Holbrook could take several weeks to announce his decision.
However, lawyers for both sides have announced they will appeal, which will likely lead to the case being reviewed by the Ohio Supreme Court.
The court is currently split between four Republicans and three Democrats, but with three seats up for grabs in the 2024 general election, the court’s political alignment could change before the case is heard.
On July 24, the ACLU of Ohio shared a post on the social networking site X, formerly known as Twitter, calling on Holbrook to “turn the temporary block on HB 68 into a permanent one.” 🔥
ignite the action
- To register to vote or check your voting status in Ohio, click here.
- To find contact information for your Ohio State Representative, click here.
- To find the contact information for an Ohio State Senator, click here.
- If you are a adolescent LGBTQ+ person in crisis, please reach out Trevor’s Project: 866-4-U-Trevor.
- If you are a transgender adult and need immediate aid, please contact National Transgender Lifeline: 877-565-8860
