CLEVELAND — On Friday, Ohio Gov. Mike DeWine vetoed House Bill 68, which would have prevented minors from receiving gender-affirming care and banned participation from transgender athletes in girls and women's sports.
"Now, while there are rare times in the law in other circumstances where the state overrules the medical decisions made by the parents, I can think of no examples where this is done where it is not only against the decision of the parent, but also against the medical judgement of the treating physician and against the judgement of the treating team of medical experts," DeWine said. "Therefore, I cannot sign this bill as it's currently written."
LGBTQ+ advocates applauded the governor's decision.
"A breath of relief," Gulnar Feerasta, the LGBT Community Center of Greater Cleveland's senior director of programs, told 3News. "Much needed good news as we go into the new year."
Feerasta says the veto protects lifesaving care for youth, and follows medical advice allowing parents the right to make decisions for their child's care with a focus on mental health services.
"It is a fallacy when people assume that gender-affirming care means surgical care," Feerasta explained. "Currently in Ohio, there are no hospitals that perform any sort of gender-affirming surgeries on minors. It is also not a best practice."
However, opponents of HB 68 are bracing for a potential override of the veto by the General Assembly or for the legislation to be rewritten.
"In order for the governor's veto to be overridden, both houses of the legislature would have to have a three-fifths vote," Jonathan Entin, Case Western Reserve University law professor, said. "That means 20 votes in the Senate and 60 votes in the House."
For reference, the bill passed 24-8 in the Senate and 62-27 in the House, both more than enough to override the governor's veto. However, a second vote will now have to be taken in each chamber, so it's possible some lawmakers could change their minds.
Entin says while Friday was the deadline for the governor to veto, there's no real timeline in the next year for legislators to respond.
"We've had an override of the governor's veto of the ban on local regulation of flavored tobacco products months and months after he actually cast the veto," Entin noted.
Those who opposed House Bill 68, many from DeWine's own Republican Party, say they're disappointed in the governor. Secretary of State Frank LaRose, who is currently seeking the GOP nomination for U.S. Senate, said "We have a duty to protect safety and fair competition for female athletes and to protect children from being subjected to permanent, life-altering medical procedures before the age of 18." Lt. Gov. Jon Husted also previously expressed his support for the legislation, but has not commented publicly since the veto.