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Gov. DeWine vetoes Ohio's transgender athlete, healthcare bill

by David Rees

12/29/2023 · 9:17 AM CST

Watch the news conference live in the video player above.

COLUMBUS, Ohio (WCMH) — Gov. Mike DeWine has vetoed an Ohio bill that would ban transgender minors from receiving certain healthcare and prohibit transgender girls from participating in female athletics.

DeWine announced on Friday he has rejected House Bill 68 — the “Save Adolescents from Experimentation” and the “Save Women’s Sports” acts — after the Statehouse passed the legislation on Dec. 13. However, the bill could still go into effect given a three-fifths vote in Ohio’s House of Representatives and Senate would override the governor’s veto.The legislation would bar medical professionals from providing treatment known as gender-affirming care, like puberty blockers and hormone replacement therapy, to trans children in the state. Those in favor of the bill argue Ohioans under the age of 18 are incapable of providing the informed consent necessary to make those decisions.

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H.B. 68 would bar medical professionals from providing treatment known as gender-affirming care, like puberty blockers and hormone replacement therapy, to trans children in the state. Those in favor of the bill argue Ohioans under the age of 18 are incapable of providing the informed consent necessary to make those decisions.

“We want to be sure children aren’t being misled, parents aren’t being misled, children aren't being harmed,” said Lt. Gov. Jon Husted. “Some of these decisions can be irreversible and so we need to make sure there are protections in place.”

A similar measure in Idaho was rejected on Thursday by a federal judge who ruled that the 14th Amendment of the U.S. Constitution’s guarantees of equal protection and due process give parents the right to get gender-affirming care for their children.

Nick Lashutka, Ohio Children’s Hospital Association president, testified the state’s children’s hospitals “do not perform any surgeries on minors for the condition of gender dysphoria.” Still, the bill bans physicians from performing reconstructive surgery on a minor. H.B. 68 includes a grandfather clause that permits a physician “under specified circumstances” to continue prescribing puberty-blocking drugs to a minor after the bill’s effective date.Ohio House of Representatives Minority Leader Allison Russo (D-Upper Arlington) called the measure a “very cruel bill” that “violates parental rights” and “endangers the lives of LGBTQ+ youth.”

“Every single children’s hospital in the state opposed this and Ohio’s home to the best children’s hospital in the country,” said Russo. “If you are supporting a bill that children’s hospitals and every major medical organization opposes, you’re on the wrong side of an issue.”

Lawmakers amended H.B. 68 to include House Bill 6 to prohibit trans girls from taking part in female athletics and override the Ohio High School Athletic Association’s trans student-athlete policy. H.B. 68 allows an athlete to sue for relief or damages if they are “deprived” of an athletic opportunity by a trans girl.

“[The bill] says that we believe that it's a very important part of development and it needs to be something that girls shouldn't be participating in competitive sports with boys,” said Speaker of the Ohio House Jason Stephens (R-Kitts Hill).

Ohio Senate Minority Leader Nickie Antonio (D-Lakewood) said the legislation is “yet another solution in search of a problem fanning the flame of the culture wars.”

“The bill reverses the equitable access for trans students established through Ohio High School Athletic Association,” said Antonio. “Denying this type of youth development to only some students is discriminatory and demonstrates to Ohio’s youngest citizens that not all people are treated equally.”“should have equal opportunity to participate in sports” while preserving “the integrity of women's sports.” The document provides a step-by-step process for a trans student to request OHSAA participation. Learn about the OHSAA's approval process for trans athletes here.

Connor McLaren, a trans Ohio high school student, testified at the Statehouse she goes through the OHSAA’s approval policy each year to participate in school athletics. McLaren said lawmakers are depriving kids like her the opportunity to feel a sense of belonging when they need it most.

“Playing sports and learning to function with a team, making those connections, and learning how it feels to be part of a group that so genuinely supports you changed my life, and I can’t imagine what I would do without it,” said McLaren.DeWine had previously spoke in support of the OHSAA and had said he believed legislators do not need to address the matter.

“This issue is best addressed outside of government, through individual sports leagues and athletic associations, including the Ohio High School Athletic Association, who can tailor policies to meet the needs of their member athletes and member institutions,” DeWine said.

Parker, a trans central Ohio high school student whose full name wasn’t given when they testified, said they have been playing field hockey their entire life and spoke in support of the OHSAA’s current policy. Parker accused lawmakers of only “following on the bandwagon” of the previous states banning trans athletes.

“It is evident that you are not saving women’s sports,” said Parker. “We already have policies in place by the OHSAA that have worked for years. Don’t take the opportunity for trans youth like me to play as their full authentic self.”