CINCINNATI — After a judge ruled against an Ohio law that most supporters consider anti-trans, some families with transgender teenagers are now considering moving out of the state.
A Republican judge in Ohio ruled Tuesday that the state’s law banning gender-affirming care for transgender youth can go into effect. The controversial law also prohibits transgender athletes from participating in middle, high school or college athletics on teams that match their identity.
Franklin County Court of Common Pleas Judge Michael Holbrook ruled that House Bill 68 was constitutional.
“After careful consideration and weighing of the evidence, the Court concludes that the health care ban reasonably limits parents’ right to make decisions about their children’s medical care, consistent with the State’s deep-seated legitimate interest in regulating the medical profession and medical treatment,” Holbrook wrote in his decision.
The controversial legislation denies LGBTQ+ minors access to treatments such as hormone blockers, hormone replacement therapy (HRT) and some mental health services.
Supporters of the law tout it as a law that strengthens parental rights.
“Many of my parents say, ‘I don’t understand this. I can’t make medical decisions with specialists anymore as a parent,'” said Tristan Vaught, co-founder of Transform Cincy. “They wonder why they’re not allowed to have that space with their doctors and experts and why they’re not allowed to make those decisions with their family.”
“Transform Cincy is committed to providing free closets to transgender and gender non-conforming youth ages 5 to 25,” said Vaught, who is nonbinary and uses “they/them” pronouns.
“This is turning their world upside down right now,” they said. “They have to plan now. What does the future look like for my child, for transgender teenagers right now?”
Vaught said many of the families they are currently talking to who have the resources are considering a question.
“Some of the people who know now and have the opportunity to move out may do so,” Vaught said.
Amanda Mendon, a transgender woman, and her partner Helena Bryant are thinking about this question with their transgender son Mark.
Mendon family
“(Mark) has already dealt with the worst case scenario,” Mendon said. “I have family in Minnesota, and Minnesota is a sanctuary state.”
Mendon and Bryant met at a protest several years ago. They say they are concerned about access to health care because their 16-year-old son is also being treated for autism.
“At what point will his mental health care for his autism be linked to his mental health care, his gender reassignment care,” Mendon said. “And when will the state stop that?”
“The Attorney General welcomes the court’s decision. This case has always been about the legislature’s power to enact a law to protect our children from irreversible medical and surgical decisions about their bodies. The law doesn’t say ‘no’ forever; it just says ‘not now,’ while the child is still growing,” said Bethany McCorkle, communications director for the Attorney General.
The ACLU plans to appeal.
“This loss is devastating not only for our brave clients, but also for the many transgender youth and their families across the state who need this life-saving medical care. While this court decision is a real setback, it is not the end of our fight for the constitutional rights of transgender youth, as well as the right of all Ohioans to bodily autonomy. We are immediately appealing,” said ACLU Legal Director Freda Levenson.
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