A trio of judges from the Tenth District Court of Appeals in Ohio has ruled that the state’s law prohibiting gender transition treatments for minors is unconstitutional. This legislation, referred to as House Bill 68, is now set to be reviewed by the Ohio Supreme Court.

Judges Julia Dorrian, Michael Mental, and Carly Edelstein, all affiliated with the Democratic Party, expressed in their decision that “parents have a fundamental right to seek medical care for their children,” and that the law impedes this right. They noted, “H.B. 68 categorically prevents parents from following the recommendations of qualified medical professionals and choosing to treat their children’s gender dysphoria with puberty blockers and hormone therapy.”

The judges further highlighted the broader implications of their decision, stating it could have “disastrous” consequences for all parents seeking medical treatments for their children. They elaborated on the importance of adapting to modern medical practices, criticizing the notion of restricting medical decisions to outdated 19th-century practices.

The American Civil Liberties Union of Ohio, representing two families of transgender children, initiated the lawsuit challenging the law. Freda Levenson, the legal director, welcomed the court’s ruling, emphasizing its stance against political interference in personal medical decisions. Harper Seldin, a senior staff attorney at ACLU, criticized the state’s ban as discriminatory and harmful to the youth it claims to protect, accusing it of being part of a broader attempt to marginalize transgender individuals.

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On the other hand, Republican Attorney General Dave Yost has expressed his disagreement with the appellate court’s decision and intends to challenge it. He stated, “This is a no brainer – we are appealing that decision and will seek an immediate stay. There is no way I’ll stop fighting to protect these unprotected children,” asserting that the law was legitimately enacted to protect children from irreversible treatments.

House Bill 68, which also restricts transgender athletes from competing in girls’ sports, was initially passed in December 2023 but was vetoed by Governor Mike DeWine. He argued that such medical decisions should be made by parents, citing testimonies from parents of transgender children about the critical importance of these treatments. Despite his veto, the legislature overrode it in January 2024, leading to the ACLU’s legal challenge and the subsequent ruling by the Tenth District Court of Appeals.