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Ohio lawmakers pass bill to ban trans youth from gender-affirming care, athletics

H.B. 68 now heads to the governor's desk
HB 68 Protest outside the Senate chamber
Posted at 7:29 PM, Dec 13, 2023
and last updated 2023-12-13 19:29:42-05

COLUMBUS, Ohio — Ohio lawmakers passed a bill Wednesday banning LGBTQ+ youth from accessing gender-affirming care or playing school sports, sending it to the governor's desk.

House Bill 68 would prohibit gender-affirming care for trans and nonbinary youth, including hormone blockers, hormone replacement therapy (HRT), medical or surgical procedures and some mental health services.

Healthcare professionals who provide this care could lose their licenses and be sued. Medicaid would not cover gender-affirming procedures for minors.

H.B. 68 was introduced by state Rep. Gary Click (R-Vickery). Lawmakers in favor of the bill argue that trans teens don’t know what they really want, and their parents and doctors are pressured to approve of this healthcare.

“Parents are being manipulated by the physicians,” Click said.

Click, who is not a doctor, said he has done hours of research.

RELATED: Leaked audio shows Ohio rep. introducing bill to limit affirming care had never spoken to trans community

"It would have a severe health impact on a lot of trans children and non-binary children in the state who are already receiving life-saving medicine, who would then be forcefully removed from the existing medications that have worked for them," said Maria Bruno with Equality Ohio. "Passing this bill would take away the parental rights of these parents to decide the best course of action for their children."

LGBTQ+ advocates, including teen Cassidy, had been speaking out all day against House Bill 68.

"If you medically transition and then detransition, your life isn't ruined," Cassidy said.

She was born as a female and transitioned to male when she was 14. A few years later, she realized it wasn’t the right decision for her — so she detransitioned.

"These bills are being proposed using stories like mine as evidence to support them," Cassidy, an advocate for trans rights, said. "I'm not mutilated; I'm not ruined or unlovable."

She feels her story is being hijacked by people saying she is the reason why H.B. 68 is essential.

The bill would ban gender-affirming care for LGBTQ+ youth.

"There's surgery, there's chemical intervention — hormone blockers, a number of things like that — and then counseling," Senate President Matt Huffman (R-Lima) said. "The first two are going to be banned by the bill."

Advocates for the bill, like Huffman, say the bill prevents allegedly “confused teens” and “pressured parents” from “ruining” minors’ bodies before they know who they are.

"Certainly, the parents are the most important decision maker in a child's life," he said. "But there are things where it's important for the state to step in and protect the child."

Athletics

Along with requiring schools, state institutions of higher education and private colleges to designate separate single-sex teams and sports for each sex, H.B. 68 provides the opportunity for legal action.

Anyone who feels they didn't get an athletic opportunity or "suffers a direct or indirect harm" can sue the school and district, interscholastic conference or organization that regulates the conference. If someone feels they have been retaliated against for reporting a potential "trans" student, they are also able to sue. The individual must bring the suit within two years after the "violation" occurs.

The bill mainly focuses on trans girls but also applies to male teams.

Six girls across Ohio may no longer be able to play on their sports teams if Republicans in the state get their way. Only three were approved to play for the spring sports season.

There are approximately 400,000 athletes participating in 7-12 athletics in the state, according to Ohio High School Athletic Association. They represent 0.000015% of the population. For the spring season, she and the two others represent 0.0000075%.

Results

Democrats and a couple of Republicans have tried to stop this bill. When it was passing the House, Republican state Reps. Jamie Callender and Brett Hillyer voted against it. In the Senate, state Sen. Nathan Manning voted against it. All the GOP no votes came from Northeast Ohio lawmakers.

And even though it passed, House Minority Leader Allison Russo has one last hope of it getting blocked.

"The big question is: what will the governor do if this comes out?" she asked. "Will he veto this?"

"Has the governor given any indication that he would veto this?" Statehouse reporter Morgan Trau asked.

"I don't know... It gives many members, Republicans and Democrats, a pause."

Governor Mike DeWine has spoken out against athletic bans previously.

"Transitioning didn't take my future away from me, but banning transition will take the future away from the kids who kill themselves because of this bill," Cassidy said.

The governor and his team said they are monitoring the bill but would not elaborate further.

"I'm not aware of exactly what has happened in the last few hours," DeWine told WSYX in Columbus. "I'm going to reserve that comment until I see the final bill."