Ohio Gov. Mike DeWine (File) Republican Governor Mike DeWine of Ohio has vetoed a controversial legislation that sought to ban transgender youth f
Republican Governor Mike DeWine of Ohio has vetoed a controversial legislation that sought to ban transgender youth from accessing gender-affirming care.
The bill, known as Ohio House Bill 68, comprised of two acts: the “Save Adolescents from Experimentation Act” and the “Save Women’s Sports Act.” Governor DeWine’s veto comes as a break from members of his own party who championed the legislation.
DeWine announced his decision to veto the bill in a press conference, stating that he had carefully considered the concerns raised by various stakeholders.
He acknowledged having listened to the bill’s sponsor, physicians from children’s hospitals in Ohio, and families of transgender youth.
Governor DeWine justified his veto by stating that the legislation would have profound consequences, even though it would impact only a small number of children. He argued that the bill’s provisions should be left to parents and medical experts, as they navigate the complexities of providing the best care for their children.
“Were I to sign House Bill 68, Ohio would be saying that the government knows better what is medically best for the child than the two people who love that child the most, the parents,” DeWine said. “Now, while there are rare times in the law in other circumstances, where the state overrules the medical decisions made by their parents, I can think of no example, where this is done not only against the decision of the parents but also against the medical judgment of the treating physician and against the judgment of the treating team of medical experts. Therefore, I cannot sign this bill as it is currently written.”
Related: Days Before Deadline Ohio Gov Has Yet To Sign Bill Banning Sex-Change Procedures For Minors
Rejoicing and Possible Override
Transgender youth, LGBTQ+ rights advocates, and medical professionals are celebrating Governor DeWine’s veto. However, the battle is not entirely over.
The Ohio House and Senate have the option to override the governor’s veto if they can secure a three-fifths majority vote. Initially, the bill received significant support when it passed with 64 representatives and 24 senators.
However, only three Republicans publicly opposed the bill, making it uncertain whether there are enough votes for an override.
Governor DeWine’s Deliberations
Prior to making his decision, Governor DeWine conducted extensive research and consultations. He visited children’s hospitals in Columbus, Akron, and Cincinnati to understand the care provided to young transgender individuals.
The governor also engaged with opponents of the bill, who expressed concerns about the appropriateness of gender-affirming care. Additionally, he spoke with families who emphasized the vital importance of such care in saving their child’s life. Governor DeWine emphasized the need to weigh all perspectives and gather as much information as possible before reaching a conclusion.
Proposed Rules to Address Concerns
Rather than outrightly banning gender-affirming care for minors and transgender athletes’ participation in girls’ and women’s sports, Governor DeWine intends to address the concerns raised through administrative rules.
He aims to draft rules that would better withstand judicial review and garner broader support. These rules could include restrictions on surgeries for minors, reporting and data collection on individuals receiving gender-affirming care, and regulations for clinics serving the transgender community.
Read: Days Before Deadline Ohio Gov Has Yet To Sign Bill Banning Sex-Change Procedures For Minors
National Landscape and Legal Challenges
Ohio’s veto of the bill stands in contrast to the nationwide trend of passing legislation restricting access to gender-affirming care for transgender individuals. Over 20 states have enacted similar laws since 2021, often facing legal challenges. Notably, a federal judge ruled an Arkansas law banning gender-affirming care for minors as unconstitutional. Courts have issued mixed rulings on other state laws.
Furthermore, numerous states have implemented bans on transgender athletes’ participation in girls’ and women’s sports, including both K-12 and collegiate levels. However, these bans could be upended by a forthcoming regulation from President Joe Biden’s administration.
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