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Ohio Governor Vetoes Bill Banning Gender-Affirming Care for Minors and Transgender Athletes

COLUMBUS, Ohio (AP) ÔÇö In a surprising move, Republican Gov. Mike DeWine vetoed a measure Friday that would have banned gender-affirming care for minors and transgender athletesÔÇÖ participation in girls and womenÔÇÖs sports, in a break from members of his party who championed the legislation.

GOP lawmakers hold enough seats to override DeWineÔÇÖs veto, but if or when they would do so was not immediately clear. Both within and between chambers, Republican legislators have not been in lockstep this year, creating uncertainty about the legislative process.

In a news conference Friday, DeWine said he had listened to people on both sides of the legislation who ÔÇ£truly believe their position best protects children.ÔÇØ He found that the bill would affect a small number of Ohio children, ÔÇ£but for those children who face gender dysphoria and for their families, the consequences of this bill could not be more profound.ÔÇØ

DeWine emphasized that he believes this issue is about protecting human life, and cited rare exceptions in which the state overrules medical decisions made by parents. However, he could think of no examples where this is done against the decision of the parent, the medical judgement of the treating physician, and the judgement of the treating team of medical experts. Therefore, he could not sign the bill as currently written.

DeWine suggested that administrative actions could address the main concerns of the bill and announced a three-pronged approach. He is directing agencies to ban surgery on those under 18 as part of gender affirming care, and is taking steps to ensure that medical evidence and data are reported to the Legislature and the public about minors and adults seeking care. Finally, his administration will draft rules and restrictions to prevent ÔÇ£pop-up clinics or fly-by-night operationsÔÇØ and ensure that families receive ÔÇ£adequate counselingÔÇØ regarding gender-affirming care.

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Hundreds of opponents testified against OhioÔÇÖs multifaceted measure when it was moving through the Legislature, including medical and mental health providers, education professionals, faith leaders, parents of transgender children and transgender individuals themselves. They decried the legislation as cruel, life-threatening to transgender youth, and based on fearmongering rather than science.

The measure, which passed the Legislature earlier this month with only Republican support, would have prohibited Ohio minors from taking puberty blockers and undergoing other hormone therapies or receiving gender reassignment surgery that would further align them with their gender identity. It would, however, have allowed any minor who is an Ohio resident to continue treatment they are currently receiving.

DeWineÔÇÖs veto departs from a nationwide trend toward passing such laws. Since 2021, more than 20 states have enacted laws restricting or banning such treatments, despite them having been available in the United States for more than a decade and long endorsed by major medical associations. Most of those states face lawsuits, but courts have issued mixed rulings.

The bill also would have required public K-12 schools and universities to designate separate teams for male and female sexes, and explicitly banned transgender girls and women from participating in sports that align with their gender identity. Supporters argued that banning transgender athletes from girls and womenÔÇÖs sports maintains the integrity of those sports and ensures fairness.

At least 20 states have passed some version of a ban on transgender athletes playing on K-12 and collegiate sports teams statewide. Those bans would be upended by a regulation proposed by President Joe BidenÔÇÖs administration that is set to be finalized early next year.

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