Families, lawmakers react to upheld ban on gender-affirming care for minors

COLUMBUS, Ohio (WCMH) -- Families are taking in a Franklin County judge’s decision to allow a law that bans gender affirming care for minors and bans transgender athletes from playing on teams that align with their gender identity.

“Families are now scrambling to try and determine what their next steps will be, where they’re going to get care when they need it, where is a safe space in this state,” Dr. Melissa McLaren said.

“I think the court got it right,” Ohio Attorney General Dave Yost said. “This is not an anti-trans bill, this is simply protection against irreversible changes, irrevocable decisions for children.”

McLaren is the mom of a 19-year-old transgender Ohioan. She said her daughter Conner, assigned male at birth, started showing signs that she was different as soon as 18 months old.

“Right around the age of four us when we realized that this was getting too much for us to be able to navigate without some assistance,” McLaren said. “And so, we have always had really supportive medical providers that have helped us navigate the best choices for our family.”

McLaren said Conner started presenting as a girl before she started kindergarten.

“As a means to decrease the amount of distress that she was having,” McLaren said. “And it worked.”

McLaren said when Conner’s lab work determined that she was going into puberty and with the support of her medical team, Conner went on puberty blockers and gender-affirming hormone therapy. Without the care that Conner was able to receive as a minor, McLaren said the impact would have been devastating.

“We knew the significant distress that she was in when we weren't affirming her gender,” McLaren said. “Had we not had the right as parents to make that decision with our medical team, it would have severely impacted her mental health, her ability to focus on school, her ability to want to interact with her peers, her health and her happiness.”

But McLaren said there are still minors in Ohio who will feel the impact of this law.

“Families are now scrambling to try and determine what their next steps will be, where they’re going to get care when they need it, where is a safe space in this state,” she said.

All gender-affirming care for minors is now banned in Ohio. It is something backers of the law say will help ensure children in Ohio stay safe.

“My heart goes out to every parent with a troubled teenager and it’s not just issues with gender identity it’s issues with self-esteem, it’s issues with addiction, it’s issues with mental health,” Yost said. “The answer however ought not be to allow those grieving parents to be coached into permanent decisions about their children."

The law also bans transgender athletes from playing on teams that align with their gender identity through college. The Ohio High School Athletic Association said in the 2023-24 school year, there were seven transgender athletes, all of whom were in high school.

“The OHSAA is aware of the court’s decision regarding House Bill 68 and our transgender policy is now updated to comply with state law,” a spokesperson for OHSAA wrote in a statement.

OHSAA has had a policy in place since 2015 for trans athletes. Now, it reads "A transgender female may not participate on girls' teams in accordance with (Ohio Revised Code)."

McLaren said her daughter's coaches were supportive, and no parent or athlete ever complained about Conner’s participation.

“We had to go through all kinds of hoops every year for her to be able to play. And, you know, that was a hurdle that she was willing to go through to be able to hang out with her friends,” McLaren said. “And it was important to us for her to have as normal life as possible with the rest of her friends.”

“The Save Women’s Sports Act is a fairness issue for women,” Representative Jena Powell (R-Arcanum) said in a statement. “This law will ensure that every little girl who works hard to make it on a podium is not robbed of her chance by a biological male competing against her in a biological female sport. We want every little girl to achieve her athletic dream here in the state of Ohio.”

McLaren said while a lot of families are “furious,” and upset that both these things are now law, she thinks there is hope in the ACLU of Ohio’s plan to appeal the decision.

“It's not over until it's over. And I know that there's a lot of families who will continue to call their legislators, who will continue to fight, who will continue to ask other people to lift their voices in support of families like ours,” she said.

“I’m delighted,” Yost said. “I was concerned that they would leave this at a trial court level which would have no precedent value now we are going to get a review by the appellate court and the supreme court. I’m very optimistic at the end of the day Judge Holbrook’s decision will be upheld and House Bill 68 will continue to be the law of the land.”