Ohio Bans Gender-Affirming Care for Minors and Restricts Transgender Women’s and Girls’ Sports Participation
Ohio has recently passed a controversial law that bans gender-affirming care for minors and places restrictions on the participation of transgender women and girls in sports teams. The move has left families of transgender children in a state of uncertainty as they grapple with how best to care for their loved ones.
The Republican-dominated Senate voted to override GOP Gov. Mike DeWine’s veto, resulting in the passing of the new law. Under this law, gender-affirming surgeries, hormone therapies, and mental health care for transgender individuals under the age of 18 are prohibited. Additionally, transgender girls and women are banned from participating in girls’ and women’s sports teams at both the K-12 and collegiate levels.
The Senate’s override of the veto was mostly along party lines, with one exception. Sen. Nathan Manning, a Republican from Cuyahoga County, broke from his party and voted against the override. The law is expected to take effect in approximately 90 days.
Gov. DeWine, who had initially vetoed the legislation, stood by his decision, stating that he did so to protect parents and children from government interference in medical decisions. In December, when announcing the veto, he expressed his concerns about the state assuming authority over what is best for a child, arguing that parents know their children better than anyone else.
However, despite vetoing the legislation, Gov. DeWine signed an executive order at the beginning of January that banned gender-affirming surgeries for individuals under 18. This decision has drawn criticism from medical professionals who maintain that such surgeries are not even being performed in Ohio. Additionally, the governor proposed administrative rules that extend beyond transgender children and also impact adults, further disappointing Democrats and LGBTQ+ advocates who had hoped for a different outcome.
The passing of this law has left families like Kat Scaglione’s devastated. Scaglione, an artist from Chagrin Falls, has two transgender children, including her 14-year-old daughter Amity. Amity is currently receiving mental health services and medication, which she will be able to continue under the law’s grandfather clause. However, she will not be able to pursue further treatments such as hormone therapies within the state and will have to seek those services elsewhere.
Scaglione and her partner, Matt, are now considering moving their family out of Ohio, despite recently purchasing a house in a safer school district and community for their children. They no longer feel welcome in the state and see no prospects of that changing anytime soon. The constant fear of their rights being further restricted has made it difficult for them to settle down and consider Ohio their home.
During the Senate floor debate, Sen. Kristina Roegner, a Republican from Summit County, falsely claimed that gender-affirming care and the gender spectrum do not exist. She referred to such care as a “fool’s errand,” drawing boos and protests from LGBTQ+ advocates who were present. Senate Minority Leader Nickie J. Antonio, a Democrat from Cleveland, criticized the legislation as “bullying” and argued that the Legislature should focus on more pressing issues like mental health and substance abuse disorders.
This law in Ohio is part of a larger trend across the United States. At least 22 states have enacted laws that restrict or ban gender-affirming medical care for transgender minors, leading to numerous legal challenges. Courts have had mixed rulings on these laws. Arkansas, the first state to implement such a ban, had its law struck down by a federal judge who deemed it a violation of due process rights.
Similarly, at least 20 states have implemented blanket bans on transgender athletes participating in K-12 and collegiate sports teams. However, the Biden administration is set to finalize a proposal that would forbid such outright bans, citing violations of Title IX, a landmark legislation that promotes gender equity. This proposal has faced delays and opposition but is expected to be enacted this year.
Advocacy organizations like Equality Ohio are determined to protect transgender residents and their families. Maria Bruno, the public policy director for Equality Ohio, expressed disappointment in the prioritization of partisan politics over logical, fair, and compassionate outcomes. The organization intends to explore all available legal and legislative options to ensure the rights of transgender individuals are upheld.
The passing of this law in Ohio has sent shockwaves through the LGBTQ+ community and raised concerns about the future of transgender rights in the state. Families are left grappling with difficult decisions while hoping for a brighter future for their loved ones.
