04/18/2024

Legislative Update: Gender Affirming Care Legislation for Ohio Youth Temporarily Blocked by Judge

This week, a Franklin County judge issued a temporary injunction for the enforcement of House Bill 68, legislation which would prevent transgender youth from receiving gender-affirming care.

Moe v. Yost, Franklin County CP No. 24CV2481. This injunction effectively blocks the prohibitions in the bill from going into effect on April 24. This temporary restraining order (TRO) comes as the ACLU of Ohio has filed a lawsuit against the measure on behalf of a transgender child and her family. The ACLU has asked the Franklin County trial court to declare the measure unconstitutional. The TRO is for two weeks, but there is a substantial possibility that the court will grant a preliminary restraining order before the expiration of 14 days. That potential order (which is appealable in Ohio), could be effective until the merits of the case are decided. In the meantime, while the TRO is in effect, gender-affirming care for minors can continue in Ohio.

As a reminder, HB 68 originally passed in the Ohio Legislature in mid-December 2023, and Governor DeWine vetoed the bill on December 29, citing conversations he had with families of transgender youth, along with serious concerns and requests to veto expressed by the medical community. OSMA and a large coalition of several dozen medical organizations and hospitals were among those asking the governor to veto the bill, and had also testified and advocated in opposition to the bill during its journey in the legislature.

OSMA will continue to monitor the issue and follow the proceedings in the coming weeks.