Since its original introduction in the Ohio General Assembly, the ACLU of Ohio has firmly opposed House Bill 68, Ohio’s ban on gender-affirming care for trans youth and ban on trans girls and women from participating in sports. We believe that ALL Ohioans deserve bodily autonomy, and private medical decisions should remain between families and their healthcare providers. As we continue to fight this law in court, let’s break down how we got here and what happens next:
- December 13, 2023: The Ohio State Legislature passed an amended version of House Bill 68, banning critical access to healthcare for trans and gender non-conforming youth. In addition to restricting medical care, HB 68 was combined with a different bill to also ban trans girls and women from playing in sports in both K-12 grades and at universities.
- December 29, 2023: In a positive turn of events, Governor DeWine utilized his executive powers to veto HB 68, stopping the bill from going into effect and protecting the rights of LGBTQ+ Ohioans.
- January 10 & 24, 2024: On January 10, the Ohio House shamefully voted to override Governor DeWine’s veto, with the Ohio Senate following suit on January 24. Both chambers met the necessary 3/5 majority of votes to override the veto of House Bill 68. Following the override, the law was scheduled to go into effect 90 days after delivery to the Secretary of State’s office.
- January 29, 2024: In response to the veto override, the ACLU of Ohio announced it would be filing a lawsuit in the coming months challenging House Bill 68, specifically the provision that would ban gender-affirming medical care for transgender minors.
- March 26, 2024: The American Civil Liberties Union, the ACLU of Ohio, and the law firm Goodwin Procter filed a lawsuit challenging the unconstitutional enactment of House Bill 68. The organizations filed on behalf of two families whose children are at risk of being harmed by the bill’s ban on healthcare.
- April 16, 2024: Following the lawsuit, the Franklin County Court of Common Pleas issued a temporary restraining order (TRO) blocking HB 68 in its entirety, including both the ban on gender-affirming care for transgender youth AND the restriction of trans women and girls in sports.
- April 24, 2024: In response to the court’s TRO, Ohio Attorney General Dave Yost filed an emergency action with the Ohio Supreme Court, claiming that the Franklin County Court of Common Pleas judge “acted beyond of the scope of his powers.” Attorney General Yost argued against the legality of the TRO’s application to the entire state, rather than only the two named plaintiffs. He requested that the temporary restraining order ONLY apply to the two minors the ACLU of Ohio is specifically representing in the case.
- May 2, 2024: The TRO was extended again, at least until trial begins on July 15.
- May 22, 2024: After reviewing Attorney General Yost’s emergency request, the Ohio Supreme Court rejected the state’s attempt to narrow the scope of the TRO. This ruling permitted for the lower court’s TRO to remain in effect, allowing transgender youth in Ohio to continue to receive the healthcare they need.
- July 15, 2024: During a historic five-day trial at the Franklin County Court of Common Pleas, our brave plaintiffs took the stand as our legal team fought for their access to healthcare. Specifically, we requested the court to overturn this ban, charging the law with violating the Ohio state constitution.
- August 6, 2024: In a devasting loss for our clients and all LGBTQ+ Ohioans, the Franklin County Court of Common Pleas rejected our challenge to House Bill 68, allowing the ban to go into effect immediately. In response, our legal team immediately began to prepare an appeal against this decision.
- August 8, 2024: Following the court’s decision, our legal team asked for an injunction to halt the enforcement of House Bill 68 pending appeal. Unfortunately, the court never granted our request. We then filed our full merits brief in the Tenth District Court of Appeals on August 22, alongside ACLU national and the law firm Goodwin Proctor.
- September 11, 2024: As part of the appeals process, our legal team and the state’s attorneys presented oral arguments in front of a three-judge panel. For one hour, our Deputy Legal Director, David Carey, defended the rights and liberties of trans youth, while answering questions and concerns from the judges.
What’s Next
We now await a decision from the appellate court following our oral argument, which we expect in the coming weeks. The ACLU of Ohio understands the how critical this moment is for our state, and we remain committed to defending the civil liberties of LGBTQ+ individuals and reminding them: Ohio is our home, too.
