The American Civil Liberties Union (ACLU) of Ohio and a global law firm, Goodwin, filed a lawsuit on Tuesday against the state over House Bill 68—a law that prohibits gender-affirming care for transgender youth in Ohio. The lawsuit seeks to block HB 68 from being enacted on schedule and at all. It was filed on behalf of two 12-year-old transgender girls and their families from Hamilton and Franklin counties, who argue they would lose “critical, medically necessary health care” under the bill.
The ACLU has been vocal about its opposition to HB 68 since it was introduced. ACLU Legal Director Freda Levenson said in an interview that the ban is cruel, not based on science, and unconstitutional. In the lawsuit, the plaintiffs argue that HB 68 violates the Ohio Constitution by breaking a single-subject rule for legislation and discriminating against trans minors, among other claims.
In addition to banning transition treatment, HB 68 also prevents transgender youth from participating in youth teams that align with their gender identity. The ACLU cited an amendment backed by GOP lawmakers worried about Obamacare restricting health care choices more than a dozen years ago as a reason for why HB 68 is unconstitutional. Major American medical associations back puberty blockers and other treatments for trans youth, Levenson said, which is why she wants physicians to continue prescribing care for patients under the current status quo. “The interventions that are prohibited are the medical profession’s standard of care treatments,” she said.
Representative Gary Click (R-Vickery), who was instrumental in passing HB 68, knew a lawsuit would materialize from the start. Click stated in an interview that he believes other courts in other states have sustained similar laws like this one. However, he believes that the plaintiffs will give it their best shot but may not stand much of a chance due to previous court decisions upholding similar laws.
The common pleas court has yet to schedule a hearing in this case.
In summary: The ACLU of Ohio sued the state over House Bill 68 with global law firm Goodwin on behalf of two transgender girls and their families who would lose “critical” medical care if the bill were enacted. The lawsuit argues that HB 68 goes against the Ohio Constitution by breaking single-subject rules and discriminating against trans minors among other claims. Representative Gary Click knew there would be legal challenges from day one while Rep Mike DeWine vetoed it late last year but almost all GOP lawmakers voted to override it earlier this year
