The Ohio Senate thinks that kids need to wait till age 18 before making life-altering decisions like becoming trans. They voted Wednesday, January 24, to override Governor Mike DeWine’s veto of legislation that restricts medical care for transgender minors and blocks transgender girls from female sports.
The bill bans doctors from prescribing hormones, puberty blockers, or gender reassignment surgery before patients turn 18. It requires mental health providers to get parental permission to diagnose and treat gender dysphoria.
It also prohibits transgender girls and women from playing on female sports teams in high school and college. DeWine vetoed the legislation in December. His stand was that decisions about gender transition care should only concern families and their medical providers.
It is now clear that the governor’s fellow Republicans disagree. In fact, they seem to believe that the bill is necessary to protect Ohio children. This was reflected in the House’s decision to overturn DeWine’s decision.
House Bill 68 will become law in 90 days. However, opponents have hinted at future legal battles in court. The bill does not restrict talk therapy. Also, those already receiving hormones or puberty blockers can continue if/when it becomes law.
But only after doctors have determined stopping the prescription would cause harm. Critics of the legislation say this isn’t enough to maintain current treatment as healthcare providers could be wary of legal consequences.
“It’s terrorizing our children,” said Minna Zelch, mother of a 19-year-old transgender daughter. “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?’”
Up to 24 Republicans supported the override, with Sen. Nathan Manning, R-North Ridgeville, serving as the sole GOP vote against it. “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,” Senator Kristina Roegner, R-Hudson, said.
“There is no such thing as gender-affirming care. You can’t affirm something that doesn’t exist.” Gender-affirming care is a recognized medical practice encompassing different treatments, including medication, therapy, and surgery, that help support someone’s gender identity.
Those who oppose House Bill 68 have threatened to explore litigation. “This is not the last word on this issue,” says Kelley Robinson, president of the Human Rights Campaign. “This is actually the beginning of a fight to protect our families and our kids.”
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In the meantime, DeWine has been working on separate policies to address the issue. He signed an executive order banning Ohio hospitals and surgical facilities from performing gender transition surgery on minors.
His administration also proposed rules to collect data on transgender medical care and regulate the treatment of adults and children with gender dysphoria.
Under the second proposal, providers must have a “contractual relationship” with a psychiatrist and endocrinologist to treat gender dysphoria. They must also create a written, comprehensive care plan that a medical ethicist reviews. Patients under 21 must undergo six months of counseling before further treatment occurs.
“I don’t think the governor’s executive order covers much of what (House Bill) 68 is about, and it covers, frankly, a pretty huge new thing that 68 did not anticipate,” Senate President Matt Huffman, R-Lima, said Wednesday. According to DeWine, his administration has seen an “unprecedented” number of public comments and plans to modify the rules.
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“We just want to make sure that people get the counseling,” DeWine reassured. “So, trying to get that balance so we are not interfering with what people want to do, but also making sure that good practices are followed for everybody.”
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