The Ohio Senate voted on Wednesday to override Governor Mike DeWine’s veto of a bill that places restrictions on medical care for transgender minors and prohibits transgender girls from participating in female sports teams in high school and college. The legislation, known as House Bill 68, was vetoed by Governor DeWine in December, who argued that decisions regarding gender transition care should be made by families and their medical providers. However, the Republican-controlled Senate disagreed, and the bill is now set to become law in 90 days unless legal challenges are pursued.
The bill imposes several restrictions, including prohibiting doctors from prescribing hormones, puberty blockers, or gender reassignment surgery to patients under 18. Mental health providers are required to obtain parental permission to diagnose and treat gender dysphoria. Additionally, transgender girls and women are banned from playing on female sports teams in educational institutions.
Governor DeWine’s fellow Republicans argued that the bill is necessary to protect Ohio children, while opponents, including the governor, believe that it interferes with individual and family decisions regarding healthcare. The legislation has been a point of controversy, prompting protests and concerns about its impact on transgender individuals.
The House had previously voted to override Governor DeWine’s veto earlier this month, and now, with the Senate’s support, House Bill 68 is expected to become law. However, opponents of the bill have indicated that they may take legal action to challenge its implementation.
Twenty-four Republicans in the Senate backed the override, with Senator Nathan Manning serving as the sole GOP vote against it. Senator Kristina Roegner, a Republican from Hudson, defended the bill, stating, “Despite what the liberals say, gender is not assigned at birth, but rather from the moment of conception, you are either male or you are female.”
House Bill 68 specifically addresses medical care for transgender individuals. It does not ban talk therapy, and those already receiving hormones or puberty blockers can continue as long as doctors determine stopping the prescription would cause harm. However, critics argue that the legislation may create a chilling effect on healthcare providers who could be wary of legal consequences.
Opponents of the bill, including individuals with transgender family members, view it as harmful and fear its impact on transgender youth. Minna Zelch, the mother of a 19-year-old transgender daughter, expressed concerns about the legislation, stating, “It’s terrorizing our children. It’s terrorizing transgender people. Even transgender adults in this state are now having to think, ‘Can I stay here? Can I get a job elsewhere?’”
The bill’s ban on transgender girls and women in high school and college sports raises questions about how schools would verify an athlete’s gender if challenged. Players and their families can sue if they believe they lost opportunities because of transgender athletes. The Ohio High School Athletic Association currently allows transgender girls to join female teams after completing at least one year of hormone therapy.
Opponents of House Bill 68 are exploring potential litigation, a path taken in other states with similar bans on youth gender transition care. In Arkansas, a federal judge struck down a law resembling Ohio’s new policy, but the state is appealing the decision.
The Human Rights Campaign President, Kelley Robinson, emphasized that the fight to protect transgender individuals and their families is just beginning, and the Ohio Senate’s decision is not the final word on the issue. Governor DeWine, despite his veto being overridden, is pursuing separate policies to address transgender healthcare issues, including an executive order banning gender transition surgery on minors and proposed rules to regulate the treatment of gender dysphoria in adults and children.
Senate President Matt Huffman pointed out that Governor DeWine’s executive order doesn’t cover the comprehensive aspects addressed by House Bill 68. The Governor’s proposed rules would require healthcare providers to have a “contractual relationship” with a psychiatrist and endocrinologist to treat gender dysphoria, along with creating a written, comprehensive care plan reviewed by a medical ethicist. Patients under 21 would need six months of counseling before further treatment.
Governor DeWine stressed the importance of balancing individual choices with good practices and stated that his administration is already receiving an “unprecedented” number of public comments. He plans to modify the proposed rules based on the feedback received to ensure a balanced approach.
In the midst of these developments, concerns persist about the impact of the legislation on transgender individuals, their access to healthcare, and their ability to participate in sports teams that align with their gender identity. The debate surrounding transgender rights, healthcare, and sports inclusion is likely to continue as the legal and policy landscape evolves in Ohio and across the United States.