03/18/2025

Gender Affirming Care Litigation

 

This week, an Ohio court partially overturned a ban on gender-affirming care for minors, allowing the continued prescription of puberty blockers and hormone therapy. The 10th District Court of Appeals explained that the law violated the Ohio Constitution's Health Care Freedom Amendment and interfered with parents' rights to seek appropriate care for their children.

The case, Moe v. Yost, brought by the ACLU and others, challenged House Bill 68 which was enacted in 2024 and restricted hormone treatments and some mental health services related to gender-affirming care for minors. Ohio Attorney General, Dave Yost, has announced that plans to appeal this decision to the Ohio Supreme Court. We will continue to monitor this case, and if appealed, will undertake appropriate action/advocacy efforts to support physicians and patients.

This case also stands in the shadow of a US Supreme Court Case (United States v. Skrmetti, SCOTUS Docket No. 23-477), which also is poised to decide a challenge to a similar Tennessee law, and whether this it violates the equal protection clause of the 14th Amendment US constitution. The parties held an oral argument before the Court on December 4, 2024, in which Justices asked questions that made a majority appear skeptical that Tennessee’s law violates the U.S. Constitution. We now await a decision by the Court, which will likely be issued at any time.

 

 

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