Ohio Republicans override governor's veto to pass gender-affirming care ban and sports ban

Ohio’s legislature has overridden Gov. Mike DeWine’s veto and banned gender-affirming care for transgender minors and barred trans girls and women from participating in female sports in public schools and colleges.

The Ohio Senate voted Wednesday to override DeWine’s veto, after the state’s House of Representatives did so January 10, the Associated Press reports. Both chambers have Republican majorities, and DeWine is a Republican as well. The law goes into effect in about 90 days.

When DeWine vetoed House Bill 68, which combined the health care and sports provisions, in late December, he told reporters, “Were I to sign House Bill 68, or were House Bill 68 to become law, Ohio would be saying that the state, that the government knows better what is medically best for a child than the two people who love that child the most: their parents.”

“These are gut-wrenching decisions that should be made by parents and should be informed by teams of doctors who are advising them,” he added at the time. “These are parents who have watched their children suffer for years and have real concerns their children would not survive without it. Families are basing their decisions on the best medical advice they can get.”

However, after his veto, he enraged the trans community and allies by taking executive actions that would place even greater restrictions on gender-affirming care. He issued an executive order immediately banning gender-affirming surgeries on minors — which are hardly ever performed anyway — but announced that the state’s Department of Health and Department of Mental Health and Addiction Services had drafted rules that require extensive counseling with a variety of health care providers before even adults could undergo gender-affirming procedures. The rules will be finalized after a period of public comment that goes until February 5.

It’s “essentially a de facto ban on gender-affirming care for all trans people in the state of Ohio,” trans activist Alejandra Caraballo told The Advocate at the time.

The override makes Ohio the 23^rd state to pass a law banning some or all gender-affirming care for trans youth and the 24^th with a law restricting their sports participation. Several of these laws are being challenged in court, with some blocked while the lawsuits are heard. One of the health care laws — in Arkansas — has been struck down by a federal judge, but the state is appealing that ruling.

LGBTQ+ activists are decrying the veto override and vowing to fight on. “These legislators have abdicated their responsibility to do what’s right for the Ohioans they represent, casting votes that they know full well will harm innocent children, all to appease the leader of the MAGA agenda,” Human Rights Campaign President Kelley Robinson said in a press release. “Despite the fact that they have no medical training, these politicians believe they know better than parents and transgender youth seeking health care. It’s shameful. The legislature has repeatedly made clear it is out of step with the citizens of Ohio, and Ohioans have had enough. They have the opportunity this November not just to kick them out of office, but to begin the process for securing fair maps that accurately reflect the needs of the state.”

Maria Bruno, public policy director for Equality Ohio, told the AP the group will consider legal and legislative actions to challenge the law. “To see partisan politics overriding the both logical and fair and also compassionate outcome is a real shame,” she said.

Lauren Blauvelt, executive director of Planned Parenthood Advocates of Ohio, issued this statement: “It is abundantly clear that extremists in the Ohio legislature are working overtime to dehumanize transgender, nonbinary, and intersex Ohioans — especially our youth. HB 68 is just another example of a dangerous and ugly legislative trend that has emerged over the last several years as statehouses around the country continue to target and discriminate against an already vulnerable and marginalized community. All kids across the state, regardless of who they are, deserve access to quality, affirming health care, and the opportunity to participate in the same activities as their classmates.

“Gender-affirming care is lifesaving care, full stop. We know that when people are truly seen and cared for, their lives, their families’ lives, and their communities are better and healthier. This is precisely why patients, their families, and their health care providers, not politicians, should decide what care is in the best interest of each patient in accordance with best medical practices. We remain dedicated to defending the rights of transgender, nonbinary, and intersex Ohioans against ongoing legislative attacks, including the right to affirming health care and to access the same opportunities as their cisgender peers.”

Meanwhile, LGBTQ+ organizations have joined forces to help trans youth access gender-affirming care. Under HB 68, young Ohioans who are already on treatment will be able to continue it (although the new administrative rules could interfere if they become final). But young people from neighboring states with bans who might have traveled to Ohio for care won't be able to get it there now. Kentucky, Tennessee, and Indiana have all passed bans, although Indiana's is blocked for now.

Help for those affected by this situation is now available from the Southern Trans Youth Emergency Project, a regional effort of the Campaign for Southern Equality, led in partnership in Ohio with Equality Ohio, TransOhio, and the Kaleidoscope Youth Center that assists transgender youth whose access to gender-affirming care has been disrupted by government policies. Through the project, families can receive accurate information about HB 68; patient navigation to identify out-of-state gender-affirming care providers; and emergency grants of $500 for immediate needs, including travel, medication, and other logistics. Families can request support at www.southernequality.org/OHResources. Families in Kentucky should contact the Kentucky Health Justice Networkfor specific support on patient navigation and more, and for emergency grants. TransOhio has also launched the Trans-formation Emergency Fund, which helps trans Ohioans of all ages.

Pictured, left: Ohio Gov. Mike DeWine