Ohio Court Temporarily Blocks Gender-Affirming Care Ban from Taking Effect

Affiliate: ACLU of Ohio
April 16, 2024 3:39 pm

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COLUMBUS, OHIO – Today, the Franklin County Court of Common Pleas issued a temporary restraining order to prevent the ban on gender-affirming care for transgender youth from taking immediate effect. The plaintiffs, represented by the American Civil Liberties Union, the ACLU of Ohio, and the global law firm Goodwin Procter, successfully argued that the plaintiffs are likely to win their claim that House Bill 68 violates the Ohio Constitution because it covers more than one single subject. The Court enjoined the Health Care Ban as well as a ban on transgender girls participating in girls or women’s sports teams that was also contained within House Bill 68.

The ACLU will continue the litigation to ultimately obtain a permanent injunction on behalf of Ohio families whose children are at risk of losing critical life-saving medical care. The temporary restraining order is in effect for 14 days or until the hearing of plaintiffs’ motion for a preliminary injunction, whichever is sooner. HB 68 was originally set to take effect on April 24.

Freda Levenson, Legal Director for the ACLU of Ohio, delivered an oral argument during the TRO hearing. Here is her statement on the ruling:

“We are thrilled and relieved that Ohio’s ban on gender-affirming health care has been halted and that transgender youth can continue, for the near term at least, to access medically necessary healthcare. Our legal battle will continue until, we hope, this cruel restriction is permanently blocked. Ohio families have a constitutional right to make personal healthcare decisions without government intrusion.”

Harper Seldin (he/him), Staff Attorney, American Civil Liberties Union:

“Today’s ruling is a victory for transgender Ohioans and their families. Ohio’s ban is an openly discriminatory breach of the rights of transgender youth and their parents alike and presents a real danger to the same young people it claims to protect. We are committed to opposing this law until it is permanently overturned, making Ohio a safer place to raise every family.”

Allison DeLaurentis and Miranda Hooker, Complex Litigation & Dispute Resolution Partners, Goodwin Procter

“Today’s ruling not only upholds the rights of transgender individuals but also champions the principle that healthcare should be accessible, and above all, inclusive.”

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