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Ohio Governor Mike DeWine has vetoed legislation that would have prevented trans children from receiving gender-affirming treatment. He shot down a contentious bill from his own party that would also prevent middle and high school trans students from competing in sports with transgender peers with his veto.
On Friday night, the last day he was permitted to reject a bill, he made it public in a press conference.
DeWine added, “I never signed this act as it is currently written, and just a few days ago, I vetoed the bill,” adding that if House Bill 68 were to become law, Ohio may be saying that the state, the government, knows better what is medically best for the child than the two people who love them the most – the family.
DeWine announced a three-pronged approach and stated that he thought it were administrative actions that could handle the bill’s key issues.
As part of gender-affirming care, he is directing organizations to outlaw surgery on children under the age of 18. He asserted that he thinks there is a “fallacy” that this requires immediate surgery.
He will direct important agencies to report findings to the Legislature and the public about minors and adults seeking treatment because he agreed with the senate that there were no complete data on those who receive gender-affirming treatment.
Last but not least, DeWine stated that his administration would draft rules and regulations to stop “pop-up centers or fly-by-night operations,” ensuring that families receive “adequate counseling” regarding gender-affirming care.
When Ohio’s complex legislation was being debated in the government, thousands of opponents testified against it, including medical and mental health professionals, educators, religious leaders, parents of transgender children, and trans people themselves.
DeWine’s veto deviates from a general trend toward enacting such legislation. Despite the fact that these procedures have been available in the United States for more than ten years and have long been supported by significant medical associations, over 20 states have passed laws restricting or outlawing them since 2021. Although courts have made conflicting decisions, the majority of those states are the targets of lawsuits.
Additionally, the bill would have explicitly prohibited transgender girls and women from participating in sports that were consistent with their gender identity and mandated that public K–12 schools and universities designate separate teams for male and female gender. Supporters argued that prohibiting transgender athletes from participating in girls’ and women’s sports upholds their fairness and integrity.
Trans athletes who compete on K–12 and collegiate sports teams across the state have been banned in some way by at least 20 states. A rule put forth by President Joe Biden’s administration and scheduled for early next year would invalidate those bans.
Just one year prior to making his decision, DeWine discussed his investigation into H.B. 68 in a one-on-one interview with legislature reporter Morgan Trau.
“Are you going to sign [H.B. 68]?” asked Morgan Trau.
Governor DeWine: “Well, this is something I’m really considering a lot. I visited family hospitals in Columbus, Akron, and Cincinnati just to see how they operate and what kind of care they provide to these younger people. However, I’ve also spoken with opponents who disagree that such care is correct. Additionally, I’ve spoken with individuals who have stated that providing care is crucial in order to preserve the life of their child. So, I’m trying to consider all of this and gather as much information as I can.”
Trau: “You’ve always been someone to take care of both parental rights and kids. What do you think about signing this?”
DeWine: “I really don’t want to delve too deeply into this. This is something that needs to be done right. You covered a lot of testimony in the Statehouse, and I want to examine both the positive and negative aspects of that testimony.”
Trau persisted in pressing, but DeWine eventually claimed that he had been concentrating his efforts over the previous trip.
What will happen next?
Advocates for transgender children, LGBTQ+ rights, and medical professionals are jubilant over the decision.
However, there is a choice for politicians who support the bill. The governor’s veto can be overridden by the House and the Senate. According to one Republican senator who initially voted in favor of the bill, there may be an effort to accomplish this, but it’s probable that there lacks sufficient support.
The president’s veto must be overridden by a vote of three-fifths of the House and Senate, or 60 representatives and 20 senators. With 64 representatives initially (62 after amendments) and 24 senators, the bill was approved.
There have only been three Republicans who have openly opposed the bill. Democratic representatives Brett Hillyer and Jamie Callender voted against it as it was being considered in the House. State Sen. Nathan Manning voted against it in the Senate. All of the GOP’s no votes came from politicians in Northeast Ohio.
