Ohio Governor Bans Gender Transition Surgery for Minors

Ohio Governor Mike DeWine recently issued Executive Order 2024-01D effectively banning gender transition surgery in Ohio for persons under the age of 18.  The Executive Order allowed the immediate adoption of new Ohio Administrative Code (OAC) Rules 3701-59-06 and 3701-83-60 by the Ohio Department of Health, bypassing regular Ohio Administrative Rulemaking.  Both Rules are on “Gender Reassignment Surgery and Genital Gender Reassignment Surgery for Minors.”  Both Rules include exceptions for minors “born with a medically verifiable disorder of sex development…, received a diagnosis of a disorder of sexual development…, or needs treatment for any infection, injury, disease, or disorder that has been caused or exacerbated by the performance of gender transition services.”  Rule 3701-59-06 is on “Hospital Quality Standards,” and  Rule 3701-83-60 is on “Health Care Facility Quality Standards.”  The Executive Order was issued one week after DeWine vetoed Substitute House Bill 68, which prohibited gender reassignment surgery for minors, but also prohibited cross-sex hormone or puberty-blocking drug therapy for minors as well as mandated schools, colleges, and universities “to designate separate single-sex athletic teams and sports based on the sex of the participants.”  HB 68 sponsors and proponents are working to override DeWine’s veto.