One of the many bills introduced this year to restrict transgender rights is a piece of legislation that would ban gender-affirming treatment for minors in Ohio. Lawmakers are expected to vote on Wednesday on whether to override the governor’s veto.
The number of bills has now surpassed last year’s record-breaking rate, heightening a controversial cultural debate in the United States. Republicans frame this stance as clinically extreme and harmful to children, while Democrats align with the medical consensus that transgender individuals and parents should be the ones to decide on their treatment.
Among the most restrictive proposals currently considered, one Florida law would require all drivers to sign affidavits attesting to their sex at birth, and certain transphobia claims could face defamation penalties of up to $35,000.
Parents and healthcare professionals in Ohio had informed Republican Governor Mike DeWine that gender transition was essential and life-saving for some adolescents and teens. Defying party consensus, DeWine vetoed the transgender bill in late December, stating, “I believe families, not the government, should be making these very important health decisions for their children.”
The bill had been approved by both chambers of the state government with more than the three-fifths majority required to override a veto. It was uncertain whether the margins would hold when the Ohio House was to discuss overriding DeWine’s veto on Wednesday, or when a state Senate vote was scheduled for January 24.
Advocates for transgender rights initially praised DeWine. However, he later issued an executive order restricting transgender healthcare, which appeared to be an effort to avoid a veto override and was criticized for imposing more restrictions on individuals than the actual bill.
At a press conference on Friday, the governor expressed concerns over “fly-by-night” clinics potentially exploiting transgender individuals without proper monitoring or training.
Now, with DeWine’s executive order amended, transgender Ohioans might face not only the prospect of a reinstated legislative ban on gender-affirming care but also additional restrictions. These mandate that adult transgender individuals must have comprehensive care plans prescribed by an endocrinologist and psychiatrist, reviewed by medical ethicists before receiving services. The executive order will not take effect until after a public comment period ends on February 5.
Roughly 150 bills have been introduced nationwide in the 2023–24 legislative sessions, according to a group of transgender rights activists led by columnist Erin Reed. This is more than twice the number introduced at this time last year.
Some measures would expand health restrictions to adults, diverging from the previous focus on adolescents and teens under 18. For instance, a South Carolina law might prohibit Medicaid insurance for transgender individuals up to the age of 26.
A total of 560 anti-LGBTQ bills were introduced and passed last year, with 22 of them imposing restrictions on gender-affirming care for minors, such as hormone therapy and puberty blockers, or outright bans.
The main medical organizations in pediatrics, physiology, and mental health are mistaken, according to Republicans who support these bans, and they argue that providing transitional care to minors is equivalent to child abuse.
Before starting hormone therapy or proceeding to surgery, the World Professional Association for Transgender Health (WPATH) advises that transgender individuals receive thorough evaluations from a multidisciplinary team of medical professionals experienced in the field.
However, DeWine’s order, criticized by WPATH President Marci Bowers, arbitrarily erects barriers to treatment for a vulnerable population, and the inclusion of an ethicist in medical decisions is unprecedented.
According to Bowers, “This is just an anti-diversity battle.” Many conservative voices, including the government, fail to understand biology’s complexity. Bowers highlights that it’s possible to have a Y chromosome and a vaginal birth, or a penis and two X chromosomes, and questions why it’s so difficult for them to understand that there are different gender identities.
The American Principles Project, a traditional think tank, has been one of the organizations advocating for state-level legislation. According to President Terry Schilling, sex is binary and immutable. Schilling argues that individuals must come to love and accept their bodies, seeing a profound case of self-hatred. “The bodies of these individuals are in perfect condition. It’s their mind that needs fixing,” he states.
