Attorney general asks Ohio's top court to uphold gender transition bill

COLUMBUS, Ohio (WCMH) -- Attorney General Dave Yost is urging the Ohio Supreme Court to uphold a contested state law banning gender transition treatment for minors.

Yost, the state's chief legal officer, filed written arguments on Oct. 20 in the case against House Bill 68, the state law that prohibits doctors from performing such medical treatment on children. Yost asked the justices to consider the case earlier this year after the Tenth District Court of Appeals ruled in March that the law is unconstitutional. Watch a previous NBC4 report on the March decision in the video player above.

The attorney general's brief argues the appeals court erred when it said H.B. 68 "infringes on parents' fundamental right to direct the medical care of their children." Yost called the ruling a "dangerous twist on the question of 'who decides,'" saying that Ohioans -- through their elected representatives -- decided that transition treatment should be reserved for adults.

"It's our job to defend the law that was passed by the democratic process through the elected representatives of the people, but maybe even more importantly than that, it's to protect the kids," Yost said in a statement. "It's very important to understand that this case is not about what adults do with their own bodies; that's between them and their doctors, it's a free country. This is about protecting kids."

"We're trying to protect children in their most vulnerable years, but beyond that, it's really important to recognize that the Tenth District got this seriously wrong, they're trying to take away democracy, your government, and hand it over to a bunch of elected, so-called experts," the attorney general continued.

Yost's brief followed Nationwide Children's Hospital's announcement in September that it will no longer prescribe "gender-affirming medications." Although the hospital said it's "currently in compliance with state and federal regulations," the decision is "in order to proactively plan and support our providers and patients in a rapidly changing regulatory environment."

Freda Levenson, ACLU of Ohio legal director, said in a statement at the time that the organization is "actively fighting Ohio's ban on gender-affirming care for transgender youth." The group, which filed the lawsuit against H.B. 68 on behalf of two families with trans children, said they "will do everything we can to ensure trans youth receive lifesaving medical care moving forward."

The Ohio Supreme Court announced in July it would take up Yost's appeal and review the H.B. 68 lawsuit, after saying in late April that the state can continue enforcing the law while litigation continues.

H.B. 68, which also bans trans female athletes' participation in women's sports, faced a contentious road while advancing through Ohio's legislature. The measure was condemned by top Ohio doctors, including Nick Lashutka, president of the Ohio Children's Hospital Association, who argued at the Statehouse in 2023 that "it is a dangerous precedent for government to dictate when medication is appropriate in pediatrics."

While the Statehouse approved H.B. 68 in December 2023, Ohio Gov. Mike DeWine vetoed the legislation the following month. The governor said he made his decision after visiting patients at five children's hospitals, arguing that "these are gut-wrenching decisions that should be made by parents and should be informed by teams of doctors." Still, both chambers of the Statehouse moved to override DeWine's veto.

The ACLU filed its lawsuit against H.B. 68 later that spring, putting the law temporarily on hold and setting up a five-day Franklin County trial in July 2024. Ultimately, Common Pleas Judge Michael Holbrook ruled that the legislation could go into effect, given that it didn't violate Ohio's constitution. The ACLU then appealed Holbrook's decision to the Tenth District.

View Yost's full Oct. 20 brief below: