I received several breaking news alerts on the last Friday of 2023 regarding a Republican governor’s shocking veto of legislation that would have prohibited minors from receiving gender-affirming care. It briefly resembled Ohio Governor for a split second. When House Bill 68, which would have prohibited minors from receiving hormones, surgery, or puberty blockers, as well as from participating in school sports, was vetoed, Mike DeWine (R) voted in favor of trans rights. Republicans in the state promised to override DeWine’s veto when they returned from spring break first.
However, the relief was brief because DeWine signed an executive order a week later that proposed severe limitations on both minor and adult care in addition to claiming to just forbid surgery for minors. Therefore, it is basically a ban, and there has been much less controversy surrounding it than there was over HB 68’s veto.
Even though no hospitals currently perform gender-affirming surgery on minors, DeWine’s executive order forbids hospitals in the state from doing so. The ban goes into effect immediately. However, he didn’t stop there. The governor also gave state health agencies the go-ahead to propose regulations stating that minors and adults require a “multi-disciplinary team,” which should include but not be limited to an endocrinologist, bioethicist, and psychiatrist, in order to receive gender-affirming medical care. According to journalist Erin Reed, patients can now receive care from a single physician, such as their family doctor. It is a de facto ban, that is what it is. (Those suggested rules are available for public comment here but are not yet in effect.)
“The moves announced by DeWine on Friday go beyond the policy he vetoed, affecting older treatment as well,” said legal blogger Chris Geidner. Since the initial bill passed with veto-proof majorities in both chambers, it appears that DeWine attempted to override HB 68 by throwing trans people under the bus.
He said, “I believe the parents, not the government, may be making these important decisions for their kids,” in support of his veto on Friday. Yes, he did say this during a media conference where, according to his plan, the government should limit women’s access to medical care.
This is not the first instance of a governor using their sole authority to limit gender-affirming care; in 2023, Gov. Trans children required 40 hours of therapy before beginning medication, according to emergency regulations issued by Jim Pillen (R), which is also a de facto ban because it could take months. This is all reminiscent of GOP governors using the covid pandemic to outlaw abortions via executive order in 2020 (and because the anti-trans playbook is also the pro-abortion game).
Politicians can still include “leave trans people alone” in their list of New Year’s resolutions.
