Ohio Gov. Mike DeWine has vetoed legislation that would have prohibited transgender youth from accessing gender-affirming care. His veto shoots down a controversial bill from his own party that would also stop middle and high school trans students from participating in athletics with cisgender peers.
He announced the decision in a press conference Friday morning, the last day that he was allowed to veto it.
“Were House Bill 68 to become law, Ohio would be saying that the state, that the government, knows better what is medically best for a child better than the two people who love the child the most - the parents,” DeWine said, adding, “I cannot sign this bill as it currently written and just a few minutes ago, I vetoed the bill.”
Nick Bates lives in Ohio and has a child who identifies as nonbinary.
"My child is 13, and they don't go by male or female pronouns," Bates said. "They don't really fit right now into either of those gender binaries. And it has been a true blessing for us to be able to accompany them on this journey."
Bates said he had tears of joy when DeWine announced his veto.
"We know that overwhelmingly kids that don't have supporting loved ones don't have access to gender-affirming care are at a higher risk of self-harm and suicide," Bates said. "And the governor has shown these kids and these families that they have love and support in the state of Ohio today."
State Rep. Adam Bird (R-New Richmond) disagrees with the governor's veto.
"I've already texted the Speaker," Bird said. "I am strongly advocating for an override vote as quickly as possible. I believe that it's imperative that we as a general assembly protect our Children from gender mutilation surgery. I think it's imperative that we protect our girls that are playing in sports. They should have the right and the ability to play in sports with their own gender. We should not be having boys play in girls sports, and this is common sense."
Bird said gender transitioning can be harmful to youth.
"There's such a thing as gender dysphoria, and I understand that happens," Bird said. "And so when that happens, that young person needs counseling. I don't think that the answer is to affirm that confusion and to help them by mutilating healthy parts of their body that once that happens- that can't be returned. It's life-altering."
DeWine said he believed there were administrative actions that could address the main concerns of the bill and announced a three-prong approach.
He is directing agencies to ban surgery on those under 18 as part of gender-affirming care. He said he believes it’s a “fallacy out there that this goes right to surgery.”
He agreed with the legislature that there was no comprehensive data on those who receive gender-affirming care and will direct relevant agencies to report findings to the Legislature and public about minors and adults seeking care.
Lastly, DeWine said his administration will draft rules and restrictions to prevent “pop up clinics or fly by night operations,” so families receive “adequate counseling” regarding gender-affirming care.
Hundreds of opponents testified against Ohio’s multifaceted measure when it was moving through the Legislature, including medical and mental health providers, education professionals, faith leaders, parents of transgender children and transgender individuals themselves.
Click or tap here to learn more about the bill.
DeWine’s veto departs from a nationwide trend toward passing such laws. Since 2021, more than 20 states have enacted laws restricting or banning such treatments, despite them having been available in the United States for more than a decade and long endorsed by major medical associations. Most of those states face lawsuits, but courts have issued mixed rulings.
The bill also would have required public K-12 schools and universities to designate separate teams for male and female sexes and explicitly banned transgender girls and women from participating in sports that align with their gender identity. Supporters argued that banning transgender athletes from girls and women’s sports maintains the integrity of those sports and ensures fairness.
At least 20 states have passed some version of a ban on transgender athletes playing on K-12 and collegiate sports teams statewide. Those bans would be upended by a regulation proposed by President Joe Biden’s administration that is set to be finalized early next year.
In a one-on-one interview with statehouse reporter Morgan Trau just a week before his decision, DeWine explained the research he was doing into H.B. 68.
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Morgan Trau: "Are you going to sign [H.B. 68]?"
Governor DeWine: Well, this is something that I'm really thinking a lot about... So I went to children's hospital here in Columbus; I went to the children's hospital in Akron and children's hospital in Cincinnati — just to see how they do it, what kind of care they give to these young people. But I've also talked to opponents who don't think that kind of care is appropriate... I've also talked to families who have told me that care is just vitally important and save their child's life. So I'm trying to weigh all this and trying to get as much information together.
Trau: You've always been somebody to care about children, but also parental rights. How would you reckon with signing this?
DeWine: I really don't want to get too deeply into this… We've got to get this — I have to get this right... There's a lot of testimony in the Statehouse that you covered and I want to look at that testimony — both pro and con.
Trau continued to press, but DeWine ended up saying he was focusing his efforts on it over the past weekend.
What happens now?
Trans youth, LGBTQ+ rights advocates and doctors are rejoicing at the decision.
We want to take a moment to express our sincere gratitude for your decision to veto House Bill 68, which would have restricted transition-related care for minors and transgender girls' participation in school sports teams. Your understanding that these decisions should be made by parents and doctors, rather than the government, is commendable. Thank you for standing up for the rights of parents and for doing the right thing. Your veto sets an important precedent and shows your commitment to fairness and inclusivity.
I would like to thank Governor DeWine for vetoing HB 68 and putting Ohio’s kids and families first. This is a huge victory for the LGBTQ+ community and Ohio. Transgender youth and their families belong here and they, like anyone else, deserve to have the right to make their own medical choices with their families and physicians.
Some Republicans immediately criticized the veto.
I'm disappointed that the Governor chose not to protect girls across the State of Ohio by vetoing HB68. I certainly hope that the House and Senate will overturn his decision.
The House and the Senate can override the governor on his veto. There may be an effort to do this, but it is possible that effort doesn’t have enough votes, according to one Republican lawmaker who originally voted in favor of the bill.
A three-fifths vote of the members of the House and Senate is necessary to override the governor's veto – meaning 60 representatives and 20 senators. The bill passed forward with 64 representatives originally (62 after amendments) and 24 senators.
Only three Republicans have publicly been against the bill. When it was passing the House, Republican state Reps. Jamie Callender and Brett Hillyer voted against it. In the Senate, state Sen. Nathan Manning voted against it. All the GOP no votes came from Northeast Ohio lawmakers.
State Rep. Gary Click (R-Vickery) issued the following statement regarding the bill's veto:
“I spoke with the Governor this morning, and it’s clear that we share a common passion for children. Even in moments when we disagree on policy, I have never questioned his heart or his character. I commend him for digging through the details of this legislation and for speaking to several qualified individuals capable of shedding light on this issue. I conducted more than six months of research before dropping this bill and another two years of in-depth study, interviews, and relationship-building with members of this community. Governor DeWine has had vast amounts of input to consume in a very short span of time.
Over the last ten days, he cleared his schedule and immersed himself in this weighty topic. While I commend him for those efforts, The SAFE Act has been thoroughly vetted through two general assemblies, both chambers of the legislature, and numerous witnesses. I have invited the administration to participate in the process from the beginning and continue to believe that we would have benefited sooner if that had been accomplished.
It is abundantly clear that the Governor’s heart was moved by those who spoke to him concerning the loss of life through suicide. Any reasonable person has the same reaction, and he cannot be blamed for that. My initial reaction was no different. However, multiple conversations with professionals and families who felt manipulated by similar rhetoric brought a more in-depth understanding of the time-tested best practices in suicide prevention.
Despite our initial differences on some of these issues, I am happy that the Governor wants to work together to find a common solution. I am hopeful that increased communication can bring the best solution to our great state.
I remain concerned, however, that the SAFE Act is only half of House Bill 68. Save Women’s Sports is a critical piece of legislation that is long overdue in Ohio. Our young women should not need to wait another day for equality, dignity, and privacy in the athletic arena. They have been put on hold for far too long. It is difficult to watch Ohio’s women experience yet one more delay in the rights they deserve.”
