Ohio House Bill 68 (2023)

Saving Ohio Adolescents from Experimentation (SAFE) Act
135th Ohio General Assembly
  • To enact sections 3109.054, 3129.01, 3129.02, 3129.03, 3129.04, 3129.05, 3129.06, 3313.5319, and 3345.562 of the Revised Code to enact the Saving Ohio Adolescents from Experimentation (SAFE) Act regarding gender transition services for minors, and to enact the Save Women's Sports Act to require schools, state institutions of higher education, and private colleges to designate separate single-sex teams and sports for each sex.
CitationO.H. Legis. Assemb. [1]. Reg. Sess. 2023-2024 (2023).
Passed byOhio House of Representatives
PassedDecember 13, 2023
Passed byOhio Senate
PassedDecember 13, 2023
VetoedDecember 29, 2023
Veto overriddenJanuary 24, 2024
EffectiveApril 24, 2024
Legislative history
First chamber: Ohio House of Representatives
Bill titleHouse Bill 68
Introduced byGary Click (R–88)
PassedDecember 13, 2023
Voting summary
  • 62 voted for
  • 27 voted against
Second chamber: Ohio Senate
PassedDecember 13, 2023
Voting summary
  • 24 voted for
  • 8 voted against
Status: In force

Ohio House Bill 68 (H.B. 68), also known as the Saving Ohio Adolescents from Experimentation (SAFE) Act, is a 2023 law in the state of Ohio that bans certain gender-affirming care for minors, including puberty blockers, hormone replacement therapy (HRT), and sex reassignment surgery, and requires parental consent for other treatment. It also bans transgender women from competing in girls' sports.

History

H.B. 68 was introduced in February 2023, and passed the Ohio House in June.[1][2] It passed the Ohio Senate in December after multiple amendments to the bill were agreed to.[3] Governor Mike DeWine vetoed the bill on December 29, though his veto was voided on January 24 following a Senate and House override.[4] A lawsuit was filed by the American Civil Liberties Union on March 26 following the override, which resulted in a stay by the Franklin County Court of Common Pleas on April 16.[5][6] The status of H.B. 68 is still pending in the courts, but is as of May 2025 in effect until proceedings are over.[7]

Provisions

House Bill 68 restricts access to gender-affirming care for minors without parental consent. It also requires other medical screenings so as to ensure it is gender dysphoria, and not a similar condition. Medical workers who do not abide by the law can face legal repercussions.[8] A grandfather clause is included for Ohioans who were already receiving care that would be restricted prior to April 24, 2024.[9]

Reactions

Support

Ohio Attorney General Dave Yost supported H.B. 68 and defended it as Attorney General in the courts.[10] The Center for Christian Virtue also backed H.B. 68.[11]

Opposition

H.B. 68 attracted criticism from organizations such as the American Civil Liberties Union and the Human Rights Campaign.[12][13] A statement was also released by Democratic U.S. Representative Shontel Brown in opposition.[14]

A joint statement was issued in opposition to H.B. 68 on December 5, 2023, by many local and national medical associations, including the Ohio State Medical Association, the American Academy of Pediatrics, the American College of Obstetricians and Gynecologists, and other local medical organizations.[15][16] Local organizations such as Equality Ohio and the Ohio chapter of the National Association of Social Workers also opposed H.B. 68.[17][18] Ohio Democrats opposed the bill in both chambers of the legislature.[19]

Mike DeWine

Governor Mike DeWine, a Republican, vetoed the bill after consideration for multiple days on December 29, 2023. In his veto message, he explained that most transgender healthcare saved the lives of many Ohio minors and that it was not the state's role to make that decision. DeWine did publicly support the provision banning sex reassignment surgery for minors, however.[20]

See also

References

  1. ^ "House Bill 68 Status | 135th General Assembly | Ohio Legislature". www.legislature.ohio.gov. Retrieved May 27, 2025.
  2. ^ "Ohio House passes bans on transgender student athletes and gender-affirming care for minors". AP News. June 21, 2023. Retrieved May 27, 2025.
  3. ^ "Ohio Senate clears ban on gender-affirming care for minors, transgender athletes in girls sports". AP News. December 13, 2023. Retrieved May 27, 2025.
  4. ^ "Gov. DeWine vetoes Ohio's transgender athlete, healthcare bill". NBC4 WCMH-TV. December 29, 2023. Archived from the original on December 10, 2024. Retrieved May 27, 2025.
  5. ^ "Ohio Families File Lawsuit Challenging Ban on Gender-Affirming Healthcare for Transgender Youth | ACLU of Ohio". www.acluohio.org. March 25, 2024. Retrieved May 27, 2025.
  6. ^ Rees, David; Fahmy, Natalie (April 16, 2024). "Judge temporarily halts Ohio's trans athlete, healthcare ban". nbc4i. Retrieved May 27, 2025.
  7. ^ "Supreme Court of Ohio Grants State's Request, Allowing Ban on Gender-Affirming Medical Care for Trans Minors to Remain In Effect During Appeal | ACLU of Ohio". www.acluohio.org. April 29, 2025. Retrieved May 27, 2025.
  8. ^ Hardin, Karen (August 21, 2024). "House Bill 68 Compliance - Updated". Ohio Psychological Association. Retrieved May 27, 2025.
  9. ^ Henry, Megan (December 14, 2023). "Ohio law banning gender-affirming care and trans athletes heads to Gov. Mike DeWine's desk • Ohio Capital Journal". Ohio Capital Journal. Retrieved May 27, 2025.
  10. ^ "State Wins Court Ruling on HB 68, Emphasizes Legislative Authority and Child Protection - Ohio Attorney General Dave Yost". www.ohioattorneygeneral.gov. Retrieved May 27, 2025.
  11. ^ "How Your Representative and Senator Voted on the HB68 Override". Center for Christian Virtue. Retrieved May 27, 2025.
  12. ^ Rowland, Darrel (July 20, 2024). "Ohio HB 68: 'Parents and families everywhere deserve to know about stories like mine'". WSYX. Retrieved May 27, 2025.
  13. ^ "Ohio Transgender Youth Abandoned in Damning Day for Ohio House as…". HRC. January 10, 2024. Retrieved May 27, 2025.
  14. ^ "Congresswoman Brown Condemns Veto Override of HB 68 | Representative Shontel Brown". shontelbrown.house.gov. January 24, 2024. Retrieved May 27, 2025.
  15. ^ "Ohio Legislative Update!". osma.org. Retrieved May 27, 2025.
  16. ^ "hb_68_provider_groups_letter_12.5.23". Ohio State Medical Association. December 5, 2023. Retrieved May 27, 2025.
  17. ^ spicer-sitzes, md (December 29, 2023). "Equality Ohio Applauds Governor's Veto of HB 68 - Equality Ohio". Retrieved May 27, 2025.
  18. ^ "HB 68 Guidance - National Association of Social Workers Ohio Chapter". www.naswoh.org. Archived from the original on April 27, 2025. Retrieved May 27, 2025.
  19. ^ "HB 68 Ruling Poses Significant Danger to Ohioans' Healthcare, Freedom". Ohio House of Representatives. Retrieved May 27, 2025.
  20. ^ DeWine, Mike (December 29, 2023). "Signed Veto Message HB 68" (PDF). Governor of Ohio. Retrieved May 27, 2025.
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