Ohio Appellate Court Declares Ban on Gender-Affirming Care for Minors Unconstitutional

TOLEDO, Ohio — A three-judge panel of Ohio’s appellate court has ruled that the state’s ban on gender-affirming care for minors is unconstitutional, marking a significant victory for LGBTQ+ advocates. The ruling, delivered in a two-to-one decision, found that the law unfairly discriminates against transgender youth by preventing them from accessing necessary healthcare.

The ban, which was introduced through House Bill 68, has been a point of contention in the Ohio State Capitol for several years. Supporters of the legislation argue that the ban is necessary to protect minors from making irreversible decisions about their gender identity before they are fully capable of understanding the long-term consequences. However, the ruling from the appellate court has reinforced the stance that such a ban infringes on both parental rights and the rights of transgender minors to access medical care.

In the majority opinion, Judge Carly Edelstein pointed out several flaws in the lower court’s reasoning. Notably, the judge highlighted that the law discriminates by banning the use of certain medications for gender-affirming treatments, while allowing the same drugs to be prescribed for other medical purposes. Edelstein also emphasized that parents, not the state, should have the authority to make healthcare decisions for their children. She wrote that the law must acknowledge the maturity and experience of parents in making decisions in the best interest of their children, especially when it comes to complex healthcare issues.

The case stems from a lawsuit filed by the American Civil Liberties Union (ACLU), the ACLU of Ohio, and the global law firm Goodwin, which argued that the law disproportionately harms transgender children and teens by denying them access to essential medical care. Brent Rabie, the executive director of Equality Toledo, a nonprofit LGBTQ+ advocacy organization, celebrated the court’s ruling, calling it a signal to lawmakers to cease what he described as attacks on transgender individuals.

“We need to stop playing politics with people’s lives,” Rabie said in a statement. “Healthcare directly affects people’s lives, especially trans people, who disproportionately face discrimination and mistreatment in the healthcare system.”

For many in the transgender community, the ruling is a beacon of hope. Jen Morales, a trans person and executive board member of Equality Toledo, expressed relief but also acknowledged the fear that has gripped the community in recent years. “We’re frightened, I mean, to say the least,” Morales said. “But we’re finding more ways to come together to fight these kinds of things.”

Opponents of the ruling, including Ohio Attorney General Dave Yost, have vowed to appeal the decision. Yost, who is running for governor in 2026, has repeatedly defended the ban and criticized the court’s ruling. Governor Mike DeWine, who vetoed the bill in 2023, was overridden by the Republican-majority legislature, which passed the law.

While the legal battle is far from over, the ruling has been seen as a pivotal moment in the ongoing debate over gender-affirming care for minors. LGBTQ+ advocates are hopeful that the decision will help shift public perception and encourage lawmakers to reconsider their stance on transgender healthcare rights.

As the state’s legal battle continues, many supporters of transgender rights are calling for increased solidarity and action to ensure that healthcare decisions for transgender minors remain in the hands of parents and medical professionals, not politicians.