The Ohio Senate voted on Wednesday to complete the Statehouse’s override of Governor Mike DeWine’s veto in Columbus, Ohio. The bill, which would have prohibited trans athletes from participating in women’s sports and gender-affirming treatment for adolescents, was vetoed by Governor Mike DeWine.
The Senate overturned DeWine’s veto of House Bill 68, which would have barred Ohio hospitals from treating transgender minors with gender-reassignment surgery and hormone treatment, by a vote of 24 to 8. Sen. Kristina Roegner (R-Hudson), one of the bill’s co-sponsors, stated before the vote that “there is no such thing as a gender spectrum” and that it is impossible for someone to change their gender.
Roegner declared, “There is no such thing as gender-affirming care. It is impossible to affirm something that does not exist.”
After the House voted on January 10 to overturn DeWine’s decision, the parliamentary supermajority—three-fifths of both House and Senate—is now complete. In 90 days, the bill will go into effect.
Senate Minority Leader Nickie Antonio (D-Lakewood) said the legislation tells LGBTQ+ people “that they are suspect and that they don’t know what’s best for themselves,” and is likely to be challenged in court.
As a result of House Bill 68’s passage, Antonio said, “I know there are people who are debating whether or not they can remain in the state, live their true life safely, and just be able to have a quality of life.”
The bill will be taken to court, according to Senate President Matt Huffman (R-Lima), who also stated that it “passed with a notion of constitutionality.” A national judge declared an Idaho law prohibiting gender-affirming care for juveniles illegal as recently as December.
“There will undoubtedly be a lawsuit, but we all took an oath to uphold the Constitution. I wouldn’t support it if I believed it to be unconstitutional,” Huffman stated.
After visiting several children’s hospitals and speaking with both sides of the debate who “honestly and truly believe their stance best protects children,” DeWine said he made the decision to veto the bill. Ultimately, the governor declared that he could not support a law that forbids care that is thought to be life-saving for patients and families.
According to DeWine, “I think parents should make these decisions and not the state, seems to me that’s what we believe in, is families making those difficult decisions for their children, not Columbus’ government.” “We want to be a very loving state, and as governor, I hope I can demonstrate that.”
The Ohio High School Athletic Association’s transgender athlete policy, which currently allows seven trans women to participate in high school sports this academic year, will also be repealed by the bill, along with the ban on transgender individuals competing in female sports. According to the OHSAA, its policy effectively protects the integrity of girls’ sports while providing opportunities for transgender students.
“H.B.” 68 would directly affect the OHSAA’s trans policy, which has been in place since 2015 and has helped our member schools provide opportunities for transgender students to participate without undermining the competitive balance of natural females, according to the organization.
Statehouse Republicans have criticized the governor for failing to “uphold the dignity of women in Ohio” and continue to argue that all trans girls should be prohibited from participating. Rep. Jena Powell (R-Arcanum), another of the bill’s co-sponsors, stated that she has been working to pass a ban on transgender athletes ever since she was first elected in 2019.
“It’s unfathomable that it has taken this long. It should be clear that Ohio women and girls’ dignity, safety, and futures are being protected,” Powell said. “Women in our state are receiving a clear message from the House and Senate: ‘We hear you, and we will fight for you.'”
DeWine claimed he decided to focus on the gender-affirming treatment provision of the bill because it affects the majority of Ohioans. The sports issue is related to “talking to some legislators this trip, a lot of their vote to override my veto.” “I did not veto the bill for that reason,” DeWine stated.
The governor has steadfastly opposed the bill, describing the override as “a mistake,” but he did sign an executive order on January 5 prohibiting Ohioans from having sex transition surgery until they are 18 years old. DeWine also proposed other measures, such as mandating a team of endocrinologists, bioethicists, and psychiatrists for transgender patients and requiring them to undergo prolonged mental health counseling before receiving treatment.
Rep. Gary Click (R-Vickery), the main sponsor of H.B. 68, said, “The governor’s executive orders are no substitute for good legislation.” According to Click, DeWine should not “discard the painful and democratic process of the General Assembly.”
Before the vote, Click said, “We have faith that our Senate colleagues will follow through, and we’re going to defend Ohio’s women and children.”
The mayor’s proposed restrictions, according to the ACLU of Ohio, “may amount to a de facto ban” on care for trans children and adults. “These extreme and life-threatening ideas must not be allowed to proceed,” the ACLU stated, “to protect the lives of transgender people and their basic right to self-determination.”
According to the president of the Ohio Children’s Hospital Association, 3,300 people have received care at the state’s pediatric hospitals over the past ten years, with their first visit occurring when they were under the age of 18 at a gender clinic. 7% of those 3,300 people received a puberty blocker prescription, and 35% received hormone therapy.
Mary Kekatos of ABC News contributed to this report.