Ohio’s GOP governor vetoes ban on gender-affirming care, transgender athletes in girls sports

Republican Gov. Mike DeWine on Friday vetoed a measure that would have banned gender-affirming care for minors, casting the action, which was out of step with many in his own party, as thoughtful, limited and “pro-life.”

He simultaneously announced plans to administratively ban transgender surgeries for patients below the age of 18 and to position the state to better regulate and track gender-affirming treatments in children and adults.

At a news conference, DeWine said he hoped the hybrid approach could win the support of legislative Republicans — who immediately signaled that they’re considering a veto override — as well as serve as a national model to states, as gender-affirming care restrictions enacted across the country in recent years face lawsuits.

The vetoed bill also would have banned transgender athletes’ participation in girls and women’s sports.

DeWine said he listened to people on both sides of the legislation who “sincerely and truly believe their position best protects children,” ultimately deciding he could not support legislation to ban healthcare that many patients, families and doctors told him is saving lives.

“Ultimately, these tough, tough decisions should not be made by the government. They should not be made by the state of Ohio,” DeWine said. “They should be made by the people who love these kids the most, and that’s the parents. The parents who have raised that child, the parents who have seen that child go through agony, the parents who worry about that child every single day of their life.”

The governor’s veto drew swift rebukes Friday from supporters of bans on gender-affirming care both in Ohio and nationally.

Republican Bernie Moreno, a Trump-endorsed candidate for U.S. Senate, and Center for Christian Virtue President Aaron Baer both called on the Legislature to override DeWine’s veto.

“Mike DeWine has failed Ohio, and it’s our children who are going to pay the price,” Baer said in a statement.

Terry Schilling, president of the conservative American Principles Project, said in a statement that DeWine had succumbed to “egregious lies” being perpetuated about transgender care. He said history would remember that DeWine “gave into cowardice and caved to the transgender industry that is preying on so many vulnerable individuals.”

GOP lawmakers hold enough seats to override DeWine’s veto, but it was not clear if or when they would do so. Within and between chambers, Republican legislators have not been in lockstep this year.

Republican state Rep. Gary Click, the bill’s sponsor, stopped short of supporting a veto override. Click said he was disappointed that the ban on transgender girls playing sports could be sidelined if non-legislative solutions were pursued on gender-affirming care.

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In directing agencies to ban surgery on those under 18 as part of gender-affirming care, De Wine said he believes it’s a “fallacy out there that this goes right to surgery.”

He agreed with the Legislature that there were no comprehensive data on those who receive gender-affirming care and will direct relevant agencies to report findings to the Legislature and public about minors and adults seeking care.

Lastly, DeWine said his administration will draft rules and restrictions to prevent “pop-up clinics or fly-by-night operations” so families receive “adequate counseling” regarding gender-affirming care.

Hundreds testified against Ohio’s multifaceted measure when it was moving through the Legislature, including medical and mental health providers, education professionals, faith leaders, parents of transgender children and transgender individuals. They decried the legislation as cruel, life-threatening to transgender youth and based on fearmongering rather than science.

The measure, which passed the Legislature this month with only Republican support, would have prohibited Ohio minors from taking puberty blockers and undergoing other hormone therapies or receiving gender-reassignment surgery that would further align them with their gender identity. However, it would have allowed any minor who is an Ohio resident to continue treatment they are already receiving.

DeWine’s veto departs from a nationwide trend toward passing such laws. Since 2021, more than 20 states have enacted laws restricting or banning such treatments, despite them having been available in the United States for more than a decade and long endorsed by major medical associations. Most of those states face lawsuits, but courts have issued mixed rulings.

The Ohio bill also would have required public K-12 schools and universities to designate separate athletic teams for male and female sexes and explicitly banned transgender girls and women from participating in sports that align with their gender identity. Supporters argued that banning transgender athletes would maintain the integrity of girls and women’s sports and ensure fairness.

At least 20 states have passed some version of a ban on transgender athletes playing on K-12 and collegiate sports teams. Those bans would be upended by a regulation proposed by the Biden administration that is set to be finalized early next year.