The ACLU of Ohio has filed a lawsuit against the state in partnership with global law firm Goodwin, less than a month before House Bill 68 is set to become law. The lawsuit was filed in the Franklin County Court of Common Pleas on Tuesday afternoon and seeks to block HB 68 from going into effect. It is filed on behalf of two 12-year-old transgender Ohio girls and their families, arguing that they would lose critical, medically necessary health care under the legislation.
The ACLU has been vocal about their intention to seek legal action against HB 68 for months, stating that the ban on gender-affirming care for transgender youth is cruel, scientifically unfounded, and unconstitutional. The plaintiffs in the lawsuit argue that HB 68 violates the Ohio Constitution by breaking the single-subject rule for legislation and discriminating against trans minors. The legislation also prevents them from participating on youth teams that align with their gender identity.
The ACLU cites an amendment backed by GOP lawmakers from over a decade ago as further evidence of the unconstitutionality of HB 68, noting that major American medical associations support puberty blockers and other treatments for trans youth. Rep. Gary Click, who was instrumental in the passage of HB 68, acknowledged the likelihood of a lawsuit and expressed confidence that the legislation would withstand legal challenges. However, Gov. Mike DeWine vetoed HB 68 last year, which could be used as evidence against it in court.
GOP lawmakers in the Ohio House and Senate voted to override the veto in January. Click pointed to other states where similar laws have been upheld in court as a defense of HB 68. The common pleas court has not yet scheduled a hearing in the case, leaving the fate of the legislation uncertain.
In summary, House Bill 68 is set to become law soon despite legal challenges brought by advocacy groups like ACLU and individual families who claim it will cause harm to their children’s health and wellbeing by limiting access to gender-affirming care
