Transgender Girls and Families Sue Ohio for Right to Access Health Care under New Law

Lawsuit filed against Ohio over restrictions on health care for transgender youth

The ACLU of Ohio and the global law firm Goodwin have filed a lawsuit against the state over House Bill 68 in partnership with two 12-year-old transgender Ohio girls and their families. The legislation, set to become law next month, would prevent transgender youth from accessing medically necessary health care, including gender-affirming care.

The plaintiffs argue that HB 68 violates the Ohio Constitution by breaking the single-subject rule for legislation and discriminating against trans minors. They also note that the legislation prevents them from participating on youth teams that align with their gender identity. The ACLU has been vocal about its intention to seek legal action against HB 68 for months, stating that it is cruel, scientifically unfounded, and unconstitutional.

Rep. Gary Click, who was instrumental in the passage of HB 68, acknowledged the likelihood of a lawsuit but expressed confidence that the legislation would withstand legal challenges. He cited an amendment backed by GOP lawmakers from over a decade ago as evidence of its unconstitutionality. However, major American medical associations support puberty blockers and other treatments for trans youth.

Although Gov. Mike DeWine vetoed HB 68 last year, GOP lawmakers in the Ohio House and Senate voted to override the veto in January. Click pointed to other states where similar laws have been upheld in court as a defense of HB 68. However, the common pleas court has not yet scheduled a hearing in the case, leaving the fate of the legislation uncertain.

In summary, less than a month before House Bill 68 becomes law in Ohio, two transgender girls and their families have filed a lawsuit against the state with help from the ACLU and Goodwin Law Firm. The lawsuit seeks to block HB 68’s implementation while arguing that it violates their constitutional rights to receive medically necessary health care and participate on youth teams aligned with their gender identity.

The ban on gender-affirming care for transgender youth under HB 68 is considered cruel and scientifically unfounded by many organizations such as ACLU of Ohio. The bill also breaks single-subject rule for legislation and discriminates against trans minors according to plaintiffs.

While Rep. Gary Click expressed confidence that HB 68 will withstand legal challenges by pointing out similar laws upheld in other states where they were defended successfully by courts like common pleas court which has not yet scheduled a hearing on this case leaving fate uncertain

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