Latest news with #HealthCareFreedomAmendment
Yahoo
18-03-2025
- Health
- Yahoo
Appeals court rolls back Ohio gender affirming care law
COLUMBUS, Ohio (WKBN) – The Tenth District Court of Appeals has ruled against Ohio and its stance on limiting gender-affirming care for minors and issued a permanent injunction. The appeal surrounded the ban on gender-affirming pharmaceutical medical care for minors diagnosed with gender dysphoria. The law bans transgender surgeries and hormone therapies for minors unless they are already receiving such therapies and it is deemed a risk to stop by a doctor. The Court ruled Tuesday that the trial court erred in its favorable ruling on the law saying that the trial court did not apply 'rational basis review' to parents' claim that they had a right to provide care to their child that has been recommended by a medical professional. 'Such a sweeping and inflexible ban on parents' ability to access medical care for their children is not narrowly tailored to advance the state's articulated interest: the protection of children. Applying strict scrutiny. (The law) facially violates Ohio parents' right to substantive due process under the Due Course of Law Clause of the Ohio Constitution,' Judge Carly Edelstein wrote in her decision. Edelstein added that the law violates the Health Care Freedom Amendment to the Ohio Constitution because it puts medical professionals in danger of discipline for providing care that is 'in accordance with the standards of care and guidelines widely accepted in the professional medical community,' and care that is being requested by parents on behalf of their children. Ohio Attorney General David Yost immediately issued a statement on the court's decision saying he would continue to fight for the ban. 'This is a no brainer – we are appealing that decision and will seek an immediate stay. There is no way I'll stop fighting to protect these unprotected children,' Yost wrote. Yost accused the court of going against what Ohio voters wanted when the law was passed and lawmakers agreed they wanted to limit medical inventions for minors. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
18-03-2025
- Health
- Yahoo
Ohio court partially overturns ban on gender-affirming care for LGBTQ+ youth
Advocates for the trans community protest outside the Ohio Senate Chamber and repeatedly shouted 'shame' when they heard that lawmakers had passed HB 68 that bans gender-affirming care for transgender youth and bars transgender kids from participating on sports teams, December 13, 2023, at the Statehouse in Columbus, Ohio. (Photo by Graham Stokes for Ohio Capital Journal. Republish photo only with original article.) An Ohio court has partially overturned a ban on gender-affirming care for LGBTQ+ youth, allowing doctors to continue prescribing puberty blockers and hormone therapy. This is a developing story and will be updated. The 10th District Court of Appeals has sent the case back to the Franklin County Court of Common Pleas, arguing that the prescription ban 'interferes with parent-appellants' fundamental right to care for their children,' the decision states. The decision to ban hormone blockers for trans youth violates the Health Care Freedom Amendment in the Ohio Constitution, according to the court. 'It impermissibly prohibits parents, acting on behalf of their minor children, from accessing treatment protocols in accordance with the standards of care and guidelines widely accepted in the professional medical community to treat gender dysphoria in minors,' the court continued. The case, Moe v. Yost, was originally filed by the American Civil Liberties Union, the ACLU of Ohio, and the global law firm Goodwin on behalf of two Ohio families with transgender adolescents. Attorney General Dave Yost plans to appeal, he said. 'This is a no brainer – we are appealing that decision and will seek an immediate stay. There is no way I'll stop fighting to protect these unprotected children,' Yost said. 'Ohio's elected representatives properly passed legislation protecting children from irreversible chemical sex change procedures, and the trial court upheld the law. But now the 10th district court of appeals has just greenlighted these permanent medical interventions against minors.' Freda Levenson, legal director at the ACLU of Ohio, said in a statement Tuesday that the decision restores the right of trans youth in Ohio to choose vitally important health care, with the support of their families and physicians. 'We are gratified by the Court's decision, which soundly rejects this interference of politicians with Ohioans' bodily autonomy,' Levenson said. 'Although this litigation will likely not end here, we remain fervently committed to preventing this egregious bill from ever again taking effect.' 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. It also prohibits trans athletes from participating in middle, high school, or college athletics on teams that align with their identity. This is still blocked under the ruling. In July 2024, parents and doctors testified to prevent the state from enforcing the ban, citing the ban would 'deny basic human rights.'Follow WEWS statehouse reporter Morgan Trau on Twitter and Facebook. SUPPORT: YOU MAKE OUR WORK POSSIBLE SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
