COLUMBUS, Ohio (WCMH) — The Ohio Senate voted on Wednesday to finish the Statehouse’s override of Gov. Mike DeWine’s veto of a bill that will ban gender-affirming care for minors and transgender athletes’ participation in women’s sports.
The Senate voted 24 to 8 on Wednesday to reverse DeWine’s veto of House Bill 68, legislation to prohibit Ohio’s children’s hospitals from providing treatment like gender-reassignment surgery and hormone therapy to trans minors. Sen. Kristina Roegner (R-Hudson), one of the bill’s cosponsors, said ahead of the vote it is impossible for someone to change their gender and that “there is no such thing as a gender spectrum.”
“There is no such thing as gender-affirming care,” Roegner said. “You can’t affirm something that doesn’t exist.”
Wednesday’s vote completes the legislative supermajority, three-fifths of both the House and Senate, required to overcome a governor’s veto, after the House voted on Jan. 10 to reverse DeWine’s decision. The bill now goes into effect in 90 days.
Senate Minority Leader Nickie Antonio (D-Lakewood) said the legislation is likely to be challenged in court, and argued the measure tells LGBTQ+ people “that they are suspect and that they don’t know what’s best for themselves.”
“I know there are people who are considering whether or not they can stay in the state, live their authentic lives safely and just be able to have quality of life as a result of House Bill 68 passing,” said Antonio.
Senate President Matt Huffman (R-Lima) agreed the measure will be taken to court, but said the bill “passed with a presumption of constitutionality.” As recently as December, a federal judge ruled that an Idaho law banning gender-affirming care for minors was unenforceable.
“Certainly, there’s going to be a lawsuit, but we all took an oath to uphold the Constitution. If I thought it was unconstitutional, I wouldn’t support it,” said Huffman.
DeWine said he decided to veto the bill after visiting several children’s hospitals and listening to those on both sides of the argument who “sincerely and truly believe their position best protects children.” Ultimately, the governor said he could not support a measure that bans healthcare deemed life-saving by patients and families.
“I think parents should make these decisions and not the government, seems to me that’s what we believe in, is families making those difficult decisions for their children, not the government in Columbus,” said DeWine. “We want to be a very welcoming state and that’s what I hope that I can convey as the governor.”
The bill will also bar trans students from taking part in female athletics and revoke the Ohio High School Athletic Association’s trans athlete policy, a measure that is allowing seven trans girls to participate in high school sports this school year. The OHSAA asserts its policy is effective in protecting the integrity of girls’ sports while also providing opportunities for trans students.
“H.B. 68 would have a direct impact on the OHSAA’s transgender policy, which has been in place since 2015 and has served our member schools to provide participation opportunities for transgender students without putting biological females at a competitive disadvantage,” the association said.
Still, Statehouse Republicans argue all trans girls should be barred from participating and have criticized the governor for failing to “uphold the rights of females in Ohio.” Rep. Jena Powell (R-Arcanum), another of the bill’s cosponsors, said she has been working to pass a trans athlete ban since she was first elected in 2019.
“It’s unimaginable that it’s taken this long. Protecting the rights, safety, and futures of Ohio women and girls should be obvious,” said Powell. “The House and Senate is sending a clear message to females across our state: we hear you and we will fight for you.”
DeWine said he chose to focus on the legislation’s gender-affirming care provision because it impacts the most Ohioans. “Talking to some legislators this weekend, a lot of their vote [to override my veto] has to do with the sports issue. That was not the reason I vetoed the bill,” DeWine said.
The governor has stood firm in his stance against the bill, calling the override “a mistake,” but did sign an executive order on Jan. 5 to bar Ohioans from receiving gender transition surgery until they’re 18. DeWine also proposed other measures like mandating a team for trans patients that would include an endocrinologist, a bioethicist and a psychiatrist, and requiring those patients to undergo lengthy mental health counseling before receiving care.
Rep. Gary Click (R-Vickery), the primary sponsor of H.B. 68, said the governor’s administrative orders “are no substitute for solid legislation.” Click said it was inappropriate for DeWine to “discard the hard and deliberative process of the General Assembly.”
“We have confidence that our colleagues in the Senate are going to follow through and we’re going to protect Ohio’s women and children,” said Click before the vote.
The ACLU of Ohio said the governor’s proposed restrictions “could amount to a de facto ban” on care for trans youth and adults. “In the interest of protecting transgender people’s lives and their fundamental right to self-determination, these radical and life-threatening proposals must not be allowed to move forward,” said the ACLU.
The state’s children’s hospitals have served about 3,300 individuals throughout the past 10 years whose first appointment at a gender clinic took place when they were under the age of 18, according to the Ohio Children’s Hospital Association president. Of those 3,300 individuals, 7% were prescribed a puberty blocker and 35% were prescribed hormones.