Ohio Supreme Court keeps ban on gender-affirming care for transgender youth while case continues

The Ohio Supreme Court is keeping the ban on gender-affirming care for transgender youth as the case goes through litigation.

In March, the 10th District Court of Appeals partially blocked the state from enforcing House Bill 68, a ban on gender-affirming care for LGBTQ+ youth, allowing doctors to continue prescribing puberty blockers and hormone therapy.

Attorney General Dave Yost filed a motion with the high court to stay the law, or pause changes, until a full review by the justices. This was granted Tuesday.

H.B. 68 went into effect in 2024. The controversial legislation prevented LGBTQ+ minors from accessing care such as hormone blockers, hormone replacement therapy (HRT) and some mental health services.

“There is no way I’ll stop fighting to protect these unprotected children,” Yost said, in part, in a statement from the March ruling.

The law has been in court for months now, with the ACLU of Ohio arguing that it is unconstitutional and goes against parental rights and the right to bodily autonomy.

“It is a terrible shame that the Supreme Court of Ohio is permitting the state to evade compliance with the Ohio Constitution. Our clients have suffered tangible and irreparable harm during the eight months that H.B. 68 has been in place, including being denied essential health care in their home state,” Freda Levenson, ACLU legal director, said. “The Court of Appeals was correct that H.B. 68 violates at least two separate provisions of the Ohio Constitution. We will continue to fight this extreme ban as the case goes ahead before the Supreme Court of Ohio.”

The law also prohibits trans athletes from participating in middle, high school or college athletics on teams that align with their identity.

In July 2024, parents and doctors testified to prevent the state from enforcing the ban, citing that the ban would “deny basic human rights.”