The Franklin County Court of Common Pleas in Columbus, Ohio. (Photo courtesy Franklin County Court of Common Pleas)
COLUMBUS, Ohio | The Franklin County Court of Common Pleas issued a temporary restraining order April 16 to prevent the ban on gender-affirming care for transgender youth from taking immediate effect.
A new lawsuit filed by the ACLU of Ohio alleges that the ban on gender-affirming care, passed into law earlier this year, violates multiple provisions of the Ohio state Constitution.
This action comes in the wake of a decision by the 6th Circuit Court of Appeals, under which Ohio falls, that dismissed federal constitutional concerns regarding bans on gender-affirming care for transgender youth. This latest legal challenge, however, focuses on the Ohio state Constitution and is filed in the Franklin County Court of Common Pleas.
According to the recently released filing, attorneys argue that a state constitutional amendment, passed by Republicans in 2011 to prevent the implementation of the Affordable Care Act (Obamacare), may, in fact, make the ban on gender-affirming care for transgender youth unconstitutional.
In 2011, Republicans in Ohio voiced concerns that the Affordable Care Act would limit healthcare choices. Misinformation about “death panels” became widespread nationally. At the same time, there was controversy over whether individuals could retain their doctors under the new federal healthcare program. In reaction, Ohio Republicans and the local Tea Party, a then-active anti-Obamacare movement within the Republican Party, advocated for a constitutional amendment to prohibit penalties related to the purchase of healthcare or health insurance. The amendment was approved by popular vote and took effect shortly thereafter.
The amendment reads as follows:
(B) No federal, state, or local law or rule shall prohibit the purchase or sale of health care or health insurance.
(C) No federal, state, or local law or rule shall impose a penalty or fine for the sale or purchase of health care or health insurance.
Now, in the latest lawsuit filed by the ACLU, attorneys argue that the new gender affirming care ban for transgender youth set to go into effect on April 24th violates these constitutional protections in the state. In the lawsuit, attorneys argue that “gender-affirming care, including the prescription of puberty-delaying medication and/or hormone therapy to minor patients where appropriate in the judgment of a physician, is ‘health care’ within the meaning of Article I, Section 21.” They argue that the law imposes penalties and prohibits the purchase of health care, rendering it unconstitutional.
The plaintiffs, represented by the American Civil Liberties Union, the ACLU of Ohio, and the global law firm Goodwin Procter, successfully argued that the plaintiffs are likely to win their claim that House Bill 68 violates the Ohio Constitution because it covers more than one single subject.
The Court enjoined the Health Care Ban as well as a ban on transgender girls participating on girls or women’s sports teams that was also contained within House Bill 68.
In a statement the ACLU said that the group will continue the litigation to ultimately obtain a permanent injunction on behalf of Ohio families whose children are at risk of losing critical life-saving medical care.
The temporary restraining order is in effect for 14 days or until the hearing of plaintiffs’ motion for a preliminary injunction, whichever is sooner. HB 68 was originally set to take effect on April 24.
“We are thrilled and relieved that Ohio’s ban on gender-affirming health care has been halted and that transgender youth can continue, for the near term at least, to access medically necessary healthcare,” Freda Levenson, Legal Director for the ACLU of Ohio, said. “Our legal battle will continue until, we hope, this cruel restriction is permanently blocked. Ohio families have a constitutional right to make personal healthcare decisions without government intrusion.”
Harper Seldin, an ACLU Staff Attorney noted:
“Today’s ruling is a victory for transgender Ohioans and their families. Ohio’s ban is an openly discriminatory breach of the rights of transgender youth and their parents alike and presents a real danger to the same young people it claims to protect. We are committed to opposing this law until it is permanently overturned, making Ohio a safer place to raise every family.”
Allison DeLaurentis and Miranda Hooker, Complex Litigation & Dispute Resolution Partners, for the law firm of Goodwin Procter said:
“Today’s ruling not only upholds the rights of transgender individuals but also champions the principle that healthcare should be accessible, and above all, inclusive.”
Additional reporting by Erin Reed.
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