A major court decision in Ohio has struck down a law that would have banned gender-affirming treatments for minors, ruling it unconstitutional. However, the legal battle isn’t over yet—the case is now heading to the Ohio Supreme Court for a final ruling.
Court Says Parents Have the Right to Seek Medical Care
The Tenth District Court of Appeals ruled that House Bill 68 (H.B. 68) violates the fundamental rights of parents to make medical decisions for their children.
The panel, consisting of three judges—Julia Dorrian, Michael Mentel, and Carly Edelstein—stated that parents should be able to follow the advice of medical experts when it comes to treating gender dysphoria in children.
“H.B. 68 completely blocks parents from accessing puberty blockers and hormone therapy for their children, even if medical professionals recommend it,” the judges wrote in their decision.
They also argued that restricting healthcare choices based on outdated perspectives is unfair, adding, “We cannot ignore scientific advancements and force families to rely on medical beliefs from centuries ago.”
The ruling also emphasized that the decision would not just affect transgender children, but could set a dangerous precedent for parental rights in medical care.
ACLU Applauds the Ruling, Calls the Law Discriminatory
The American Civil Liberties Union (ACLU) of Ohio, which filed the lawsuit on behalf of two families with transgender children, welcomed the court’s decision.
“We are relieved that the court has rejected this blatant political interference in private healthcare decisions,” said ACLU legal director Freda Levenson.
ACLU senior staff attorney Harper Seldin called the law “dangerous and baseless,” adding that it is part of a broader effort to limit trans rights and control their healthcare choices.
Ohio Attorney General Fights Back, Plans to Appeal
Despite the court’s ruling, Republican Attorney General Dave Yost made it clear that the fight isn’t over.
“This is a no-brainer—we will appeal this decision immediately,” Yost said in a statement. “Ohio’s elected officials passed this law to protect children from irreversible medical treatments. We won’t stop fighting to ensure they are safeguarded.”
Yost has already requested an immediate stay on the ruling and is taking the case to the Ohio Supreme Court for a final verdict.
How Did We Get Here? A Look at H.B. 68
House Bill 68 was first introduced to ban gender-affirming care for minors and prohibit transgender athletes from competing in girls’ sports.
Although the bill passed in December 2023, it was initially vetoed by Governor Mike DeWine, who argued that medical decisions should be made by families, not politicians. He also stated that parents told him their children wouldn’t be alive today without these treatments.
However, Republican lawmakers overrode his veto in January 2024, making the bill law. The ACLU then filed a lawsuit, and after a lower court upheld the law, the case moved to the Tenth District Court of Appeals, which has now ruled the ban unconstitutional.
What Happens Next?
With an appeal underway, all eyes are now on the Ohio Supreme Court to see whether the ruling will stand or be overturned. For now, gender-affirming care remains legal, but the fight is far from over.
