Top court denies Ohio’s attempt to reinstate transgender medical ban in hotly worded opinions that could point to future abortion decisionsCOLUMBUS, Ohio -The Ohio Supreme Court on Wednesday denied a request from the state to narrow a lower court’s order temporarily blocking the enforcement of the law banning transgender youth from health care and girl’s and women’s sports.
“If illustrations in judicial opinions were standard, it would be at this juncture that I would insert an image of Edvard Munch’s 1893 painting titled ‘The Scream,’” Brunner wrote in her opinion.Wednesday’s decision before the Ohio Supreme Court had to do with whether Franklin County Common Pleas Judge Michael Holbrook’s temporary hold on House Bill 68, which went into effect on April 24, was appropriate.
“Four Ohio Supreme Court justices share our concern as to whether one judge in a single county should be able to speak for the entire state and overrule the legislature, but they question whether this is the right case for taking up the issue,” said Bethany McCorkle, a Yost spokeswoman, in an email. “We’ve got an early trial date, and we’re going to continue to fight for the lawfully enacted statute that Ohioans want.
A concurring opinion in the Idaho case, written by Justice Neil Gorsuch argued that universal injunctions can go further than necessary. Injunctions can take a limited dispute and expand it to a referendum on every provision to the law as applied to everyone, DeWine wrote, in summarizing Gorsuch’s views.
Holbrook, in his order, said that HB 68 was likely unconstitutional because it combined two bills together – a ban on transgender girls and women from playing female school sports and a medical ban for minors. Republican lawmakers merged the two bills into one nearly a year ago because it didn’t have the votes to pass the medical portion of the bill. But this could violate the single-subject rule of the Ohio Constitution, Holbrook wrote in his order.
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