For the second time this week, a judge has blocked anti-transgender legislation from taking effect.
In Ohio today (April 17), a Republican judge, Franklin County Court of Common Pleas Judge Michael Holbrook, issued a temporary restraining order against HB 68, which makes it illegal to use puberty blockers, hormone therapy and surgery on minors. Those already receiving treatment would be exempt from the law.
Gov. Mike DeWine vetoed the law in December, but the legislature voted to override and it was set to take effect on April 24. The ACLU sued on behalf of two transgender teens, arguing the law violates the state constitution’s equal protection clause and a rule that prevents a law from covering more than one subject.
In West Virginia on Tuesday, a federal appeals court ruled that a law banning trans students from playing on school sports teams aligning with their gender identity was discrimination. This overturned a lower court ruling.
The ACLU, arguing the case on behalf of Becky Pepper-Jackson, an eighth grader who competed in track, said because she had not undergone male puberty due to use of puberty blockers, she had no physical advantage over other girls. Fourth Circuit Judge Toby Heytens agreed and ruled the law violated Title IX and was sex-based discrimination.
Heytens, a Biden appointee, was joined in the decision by an Obama appointee. The third judge on the panel, a George W. Bush appointee, agreed with the ruling but disagreed with the Title IX portion.
— David Taffet
