Anti-trans Legislation Turned Law | Graphic by Abigail Abbott | The Wright State Guardian
On Jan. 24, 2024, the Ohio State legislature overrode Governor Mike DeWine’s veto of House Bill 68. This is a controversial bill that targets transgender people in the state of Ohio.
The bill
On Dec. 29, 2023, Governor DeWine vetoed HB 68, also known as the Saving Adolescence From Experimentation (SAFE) Act, which was originally passed in April 2023. In his statement of veto, DeWine highlighted that he believed the bill was incredibly invasive and not protective of human life.
“Were I to sign Substitute House Bill 68 or were Substitute House Bill 68 to become law, Ohio would be saying that the State, that the government, knows what is best medically for a child rather than the two people who love that child the most, the parents,” DeWine’s press release reads.
The bill mainly targets transgender individuals. According to the writers of the SAFE Act (HB 68), it was written and made to protect the fairness of sports by not allowing transgender individuals to participate in the sport according to their “preferred gender.” This means that no transgender woman would be able to participate in women’s sporting events. This subsection of the bill is called the Save Women’s Sports Act and affects high school and college athletics.
Additionally, the SAFE Act would ban gender-affirming care (or extremely limit it under certain circumstances) for any individual under the age of 18 (and potentially over 18). This includes and is not limited to any kind of gender-affirming surgeries, mental health services and sterilization.
DeWine added that while he agrees with many parts of the bill, he cannot agree with it as a whole.
“I also share with the legislature’s concerns about clinics that may pop up and try to sell patients inadequate or even ideological treatments. This is a concern shared by people I spoke with who had both positive experiences and negative experiences with their treatments,” DeWine said. “Those who had positive experiences all noted that they received significant counseling, therapy and consultation as a family before discussing even the possibility of other treatments. Those who had negative experiences report that they did not receive adequate counseling.”
Ohio Congress overrode DeWine’s veto with a vote of 24-8. Despite this, on Jan. 5, 2024, DeWine proposed that gender-affirming care be banned for all ages and signed an executive order for an immediate ban on minors.
Many groups on campus are vehemently against the bill and are working to speak out against it.
Campus response
One of the groups that is strongly against the bill is the Progressive Student Coalition. They have been tabling in the Union Market for the past few weeks with Rainbow Alliance, Wright State University’s LGBTQA+ club. Both groups are entirely against HB 68.
“It is transphobic,” Daniel Wasniewski, president of PSC, said. “It infringes on rights of bodily autonomy and medical decisions.”
Dr. Emily Yantis-Houser is the faculty advisor for the Rainbow Alliance, assistant director for the LGBTQA Center and an adjunct instructor for Women, Gender & Sexuality Studies at Wright State.
“These issues are brought forth out of ignorance, not experience. If the people behind these legislative measures had been through this experience with their family members and/or children, they would not push the way they do. This is an issue of life or death for young people, our children, but there are also many stereotypes and misconceptions about what gender-affirming care looks like,” Yantis-Houser said. “Gender-affirming care is mental health care and basic medical care. It’s not just about surgeries and hormones.”
This bill will directly affect many students. This could make healthcare harder for these students to access, but many organizations are working to protect these individuals.
Taking action
The LBGTQA Center partnered with Equality Ohio to provide more information on this issue. Their website has several different helpful articles that can help interested parties remain informed. They also support organizations, such as Equitas Health, a health clinic that not only offers gender-affirming care but also offers several low-cost health options. Due to its nature, this clinic is in danger because of the bill.
“For the record, this is not about a bill anymore, or voters. This is an intentional executive order,” Yantis-Houser said.
Others, including Wasniewski and PSC Vice President Nathaniel Mahaney, have chosen to think more about the judiciary consequences.
“It’s all a waiting game,” Mahaney said. “There isn’t really anything we can do at this point.”
The PSC and Rainbow Alliance were tabling and getting signatures to try and reach the Feb. 5 public comments deadline.
“While politically there isn’t much we can do about the bill now, they are going to have several hearings and litigations to test the constitutionality of the bill,” Wasniewski explained.
ACLU lawsuit
Both the PSC and the LGBTQA Center support the American Civil Liberties Union of Ohio (ACLU). It is an organization that is fighting to protect the rights of all Ohioans. They have won several awards regarding activism and social justice and are regarded as a trusted source concerning gender-affirming care.
Following the immediate ban of gender-affirming care for minors and a proposal for adults, the ACLU announced that they would be filing a lawsuit regarding the constitutionality of the bill. They claim that it is unjust and unconstitutional for these rights to be taken away.
While there is not much more information on the lawsuit at the moment, the group promises that it will be finished and in process before the bill officially takes effect on April 23, 2024.
Additional information and links
For more information about HB 86, visit the Ohio State Legislature website. For DeWine’s new proposal, visit the governor’s website.
If students would like to read about the preparation lawsuit by the ACLU, they can do so on the ACLU’s website.
The LGBTQA Center is always there for any student who needs it. Their email is lgbtqa@wright.edu.
Fighting for the rights of all Ohioans is an important responsibility on the shoulders of students and non-students alike. Staying informed is even more important; students are encouraged to learn more about the bill as it progresses.
