Ohio vote highlights intensified transgender rights battles across US
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[January 10, 2024]
By Daniel Trotta
(Reuters) - Ohio lawmakers are expected to vote on Wednesday whether to
override the governor's veto of a bill that would ban gender-affirming
care for minors, one of the dozens of bills introduced this year to
restrict transgender rights.
In this presidential election year, the number of bills has already
surpassed last year's record-setting pace, extending a contentious
cultural debate in the United States. Democrats say transgender people
and parents of transgender kids should determine treatment, as endorsed
by the medical consensus, while Republicans portray that stance as
medically radical and dangerous to children.
Some of the new proposals are among the most prohibitive to date. One
Florida bill would require all driver's license applicants to sign
affidavits attesting to their sex at birth and another would classify
some allegations of transphobia as defamation, carrying statutory
damages of up to $35,000.
In Ohio, medical professionals and parents had told Republican Governor
Mike DeWine that gender transition was necessary and life-saving for
many adolescents and teens.
"I believe that parents, not the government, should be making these very
crucial medical decisions for their children," DeWine said when he
vetoed the transgender bill in late December, defying party convention.
The bill had passed both chambers of his state's legislature with more
than the three-fifths majority needed to overturn a veto. It was unclear
whether the margins would hold Wednesday when the Ohio House was
scheduled to consider overriding DeWine's veto, or on Jan. 24 when a
state Senate vote was set.
Transgender rights advocates initially praised DeWine. But last week he
issued an executive order curtailing transgender healthcare that
appeared to be an attempt to stave off a veto override, and has been
criticized by transgender advocates as imposing more extreme
restrictions than the bill contained.
The governor said at a press conference on Friday that he was concerned
over advertising from "fly-by-night" clinics that might be profiting off
transgender people without proper training or oversight.
Now transgender Ohioans are facing the possibility of a restored
legislative ban on gender-affirming care plus the additional
restrictions in DeWine's executive order, which requires that even adult
transgender people must have a comprehensive care plan prescribed by
both a psychiatrist and an endocrinologist that is then reviewed by a
medical ethicist before receiving services. The executive order would
not go into effect before a public comment period ends Feb. 5.
Across the country, nearly 150 bills have been introduced in 2023-24
legislation sessions across the United States, more than double the
number introduced at this date a year ago, according to a team of
transgender rights activists who track the legislation, led by
journalist Erin Reed.
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Stickers in the shape of a heart with a trans flag are pictured
during a conversation about trans care, equity and access, during
National Trans Visibility Month with the Rainbow Room, a program of
Planned Parenthood Keystone, in Doylestown, Pennsylvania, U.S.,
March 29, 2023. REUTERS/Hannah Beier/File Photo
Some of the measures would extend
medical limits to adults, a shift from the previous focus on
adolescents and teens under 18. A South Carolina bill would prohibit
Medicaid coverage for transgender patients up to 26 years of age.
Last year some 560 anti-LBGTQ rights bills were introduced and 81 of
them passed, including 22 that imposed some limits if not outright
bans on gender-affirming care for minors such as puberty blockers
and hormone therapy.
Federal courts have ruled both in favor and against the healthcare
bans.
Republicans and backers of such bans say the major medical
associations in the fields of pediatrics, endocrinology and mental
health are mistaken and that providing transition care to minors is
akin to child abuse.
The World Professional Association for Transgender Health (WPATH)
recommends transgender people receive comprehensive assessments from
a multidisciplinary team of medical professions experienced in
transgender care before starting hormone therapy or graduating to
surgery.
But WPATH President Marci Bowers said DeWine's order arbitrarily
erects barriers and delays to care for a vulnerable population, and
that the required involvement of a medical ethicist was
unprecedented.
"This is this is just an anti-diversity campaign," Bowers said.
"They really don't understand biology. It will come as a shock to
the governor and other conservative voices that babies can be born
with a vagina and have a Y chromosome. A baby can be born with a
penis and have two X chromosomes. Why is it so hard for them to
understand that gender identity is also diverse?"
The conservative think tank American Principles Project has been one
of the groups supporting the state-level legislation in recent
years. President Terry Schilling counters that sex is binary and
immutable.
"We need to get people to accept their bodies and to love their
bodies," Schilling said. "There's a serious self-hatred going on.
And there's nothing wrong with these people's bodies. It's their
mind that needs work."
(Reporting by Daniel Trotta; editing by Donna Bryson and Edwina
Gibbs)
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