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Ohio's LGBTQ+ community upset by decision to uphold ban on gender-affirming care for youth

Protesters advocating for transgender rights and healthcare stand outside of the Ohio Statehouse on Wednesday, Jan. 24, 2024, in Columbus, Ohio.
Patrick Orsagos
/
AP
Protesters advocating for transgender rights and healthcare stand outside of the Ohio Statehouse on Wednesday, Jan. 24, 2024, in Columbus, Ohio. The Republican-dominated Ohio state Senate voted Wednesday to override GOP Gov. Mike DeWine's veto of a gender-affirming care ban for minors and a ban that restricts transgender athletes' participation in girls and women's sports.

On Tuesday, a Franklin County judge upheld a ban on gender-affirming care for minors.

"We should all be angry and upset and outraged,鈥 said Erin Upchurch, executive director for Kaleidoscope Youth Center, an LGBTQ+ advocacy center in downtown Columbus.

Other LGBTQ+ organizations and supporters have said they鈥檙e 鈥渄evastated鈥 by Tuesday鈥檚 ruling.

Upchurch said when Kaleidoscope staff announced the ruling, young people lined up seeking support. One person reported feeling suicidal.

鈥淭his is not an issue of faith or religion or agreeing with anybody. This is an issue of humanity and people having the right to exist,鈥 Upchurch said.

The decision comes from a lawsuit filed in March in the Franklin County Court of Common Pleas which sought to block House Bill 68, the source of the ban. The lawsuit was filed on behalf of two 12-year-old transgender girls from Franklin and Hamilton counties. Their families and the American Civil Liberties Union of Ohio argued they would lose 鈥渃ritical, medically necessary health care鈥 under HB 68.

Judge Michael Holbrook temporarily stopped the law from taking effect, but ultimately decided that HB 68 doesn鈥檛 violate Ohio鈥檚 single subject rule for legislation and doesn鈥檛 violate the state鈥檚 鈥渉ealth care freedom.鈥

The ban took effect immediately with Holbrook鈥檚 decision. HB 68 also bans trans athletes from playing in girls鈥 and women鈥檚 sports.

But Upchurch said Wednesday that HB 68 is 鈥渧ery blatant discrimination.鈥

鈥淚t's specifically targeted a very specific group of citizens of the state of Ohio and those are transgender youth,鈥 Upchruch said. 鈥淚t takes away the right of young people to have autonomy, and it strips away their right to privacy, and it effectively undermines the rights of parents and guardians.鈥

TransOhio called the court decision 鈥 in a statement on social media.

鈥淒espite repeated attempts to reduce and restrict access to support systems and public spaces for trans, nonbinary, intersex and gender non-conforming youth, transgender Ohioans cannot be legislated away,鈥 wrote Dara Adkison, executive director of TransOhio. 鈥淥ur youth deserve so much better from our courts, government and elected officials."

The National Association of Social Workers Ohio wrote on social media that it 鈥渟tands firm in our support for transgender individuals of all ages.鈥

NASW Ohio notes that despite the ruling, gender-affirming mental healthcare is still legal for minors, though with HB 68, it comes with new regulations. NASW Ohio has released practice guidance and free training for behavioral health providers.

Some conservatives, including Attorney General Dave Yost, have applauded the court's decision.

This case has always been about the legislature鈥檚 authority to enact a law to protect our children from making irreversible medical and surgical decisions about their bodies,鈥 wrote Yost鈥檚 communications director, Bethany McCorkle, in a statement. 鈥淭he law doesn鈥檛 say 'no' forever; it simply says, 'not now鈥 while the child is still growing."

ACLU of Ohio filed an appeal of the ruling with the Tenth District Court of Appeals.

If you or someone you know is experiencing a mental health crisis, you can call the National Suicide and Crisis Lifeline at 9-8-8.

Allie Vugrincic has been a radio reporter at 星空无限传媒 89.7 NPR News since March 2023.