HB 68 UPDATE

HB 68 includes:

1. ban of gender affirming care for minors
2. ban on trans women & girls participating on K-Collegiate female sports teams
3. restrictions on considering the needs of transgender children in custody disputes.

HB 68 Status:

Ohio’s (not federal) Tenth Court of Appeals Court OVERTURNED the trial court’s ruling that let HB 68 go into effect

• READ TRANSOHIO’S DETAILED UPDATE
• Ohio’s (not federal) 10th District Court of Appeals overturned the ruling by Franklin County Court of Common Pleas that said HB 68 does not violate Ohio’s Constitution and directed the Franklin County Court of Common Pleas to issue a permanent injunction “as to enforcement of H.B. 68’s provisions banning the use of puberty blockers and hormones “for the purpose of assisting the minor individual with gender transition.”.
  • Read the Appeals Court Ruling.
• What did the Appeals Court base its decision on?
  • The portions of HB 68 that restrict gender-affirming medical care for transgender youth violate Article 1, Section 21 of the Ohio Constitution, which states that “No federal, state, or local law or rule shall prohibit the purchase or sale of health care or health insurance.”
  • These same portions of HB 68 also violate Article 1, Section 16 of Ohio’s Constitution because it violates a parent’s “substantive due process right to direct the medical care and upbringing of their children under Ohio’s Due Course of Law Clause.”
• Is gender-affirming care for minors in Ohio legal now?
  • We are in a grey area. 
  • The Appeals Court has said the portions of HB 68 prohibiting hormones and puberty blockers for minors is unconstitutional, but the Franklin Court of Common Pleas has not yet blocked HB 68 with an injunction.
  • The State of Ohio has filed a motion to STAY the Appeals Court’s order pending an appeal to the Ohio Supreme Court. If the Ohio Supreme Court takes up the case before an injunction is granted, HB 68 may be in effect until the Ohio Supreme Court hears the case and rules.
  • There is also the federal Executive Order which attempts to ban GAC for minors and adults under age 19. A lawsuit has been filed against that, too, and some providers have already deemed that order unenforceable.
• What now? Please read the TransOhio’s detailed response, but to summarize:
  • TransOhio suggests that providers consider offering puberty blockers and hormone therapy for minors who were not eligible before, or at least prepare to do so when/if the injunction is granted by the Court of Common Pleas.
  • Do not cancel appointments for care out of state. 
  • The situation is rapidly evolving. TransOhio and ACLU of Ohio, who will provide updates as they learn them.

CALL TO ACTION

• Please CALL the Governor and tell him to VETO SB 1!
• H4OE Explainer & Call to Action
• This Bill has passed the Ohio House and Senate and heads to Governor Dewine for his signature.

SENATE BILL 1: Ohio Education “Destruction” Act – Prohibits DEI in college orientation, staff training, and curriculum, lists new, monitored “controversial topics,” attacks faculty bargaining rights among other things. SB 1 will require every LGBTQIA+ Center (plus any other support office/program for marginalized communities) in every Ohio college to close. The loss will be devastating.