Photo courtesy of Tingey Injury Law Firm
An Ohio court ruled in favor of a law banning doctors from performing child sex change surgeries Tuesday.
Franklin County Court of Common Pleas Judge Michael Holbrook vacated a restraining order that blocked the law banning sex change surgeries for minors and transgender individuals from playing in girl’s sports. Holbrook stated in the ruling that the ban does not violate section 1.21 of the state’s Constitution, also known as the Health Care Freedom Amendment, which “preserves the freedom to choose health care and health care coverage.”
“The Attorney General applauds the trial court’s decision,” Bethany McCorkle, Ohio Attorney General Communications Director said in a press release. “This case has always been about the legislature’s authority to enact a law to protect our children from making irreversible medical and surgical decisions about their bodies. The law doesn’t say ‘no’ forever; it simply says ‘not now’ while the child is still growing.”
The court ruled that the Health Care Ban, introduced by state lawmakers, is reasonable and not arbitrary, stating that “the State of Ohio has a legitimate government interest in protecting the health and safety of its citizens.” The court noted that the “medical care banned” [sex change surgeries] comes with risks and permanent outcomes.
“Upon careful review and consideration of the evidence, the Court finds the Health Care Ban reasonably limits parents’ rights to make decisions about their children’s medical care consistent with the State’s deeply rooted legitimate interest in the regulation 12 of medical profession and medical treatments,” Holbrook stated in the ruling.
The American Civil Liberties Union (ACLU) filed a lawsuit against Ohio in March, stating that “the First Act bans physicians from providing medically necessary, widely accepted, and potentially lifesaving health care to transgender adolescents (the Health Care Ban or the Ban).” The ACLU is planning to appeal the court’s decision, according to the Columbus Dispatch.
In January, the Ohio senate overrode Republican Gov. Mike DeWine’s veto on the ban, and in April, Holbrook temporarily blocked the law banning sex change surgeries on minors and transgender individuals from playing in women’s sports.
“This limitation is especially appropriate when the General Assembly has determined the care regulated is experimental and its risks far outweigh any benefit at this stage of clinical study,” the court ruling states.
(Featured Image Media Credit: Photo courtesy of Tingey Injury Law Firm)
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