Yost Files Arguments Defending Ohio Law That Limits Medical “Gender Transitions” of Children

(COLUMBUS, Ohio) — Attorney General Dave Yost today filed written legal arguments asking the Ohio Supreme Court to uphold a state law that prohibits doctors from performing experimental medical treatments aimed at changing a child’s gender.

“We look forward to showing once again that the legislature acted properly in enacting this constitutional law, which protects our children from irreversible medical decisions,” Yost said.

The brief asserts that the 10th District Court of Appeals erred when it ruled that parents have a constitutional right to seek these treatments based on the opinions of so-called experts. The law is in effect while the state appeals the case, called Moe v. Yost, to the Ohio Supreme Court.

Yost critiques the 10th District’s ruling as harmful to children, who cannot understand the lifelong effects of such medical decisions. He calls the ruling a “dangerous twist on the question of ‘who decides,’” saying that Ohioans – through their elected representatives – decided that sex-change procedures should be reserved for adults, not children.

According to the brief, the 10th District “did not decide that every family truly decides for itself, or that the people, through their representatives, decide. Instead, the lower court said the scope of our rights is decided by unelected advocacy groups that the court deemed ‘experts.’”

The brief further explains how nothing in Ohio’s constitution empowers such experts to decide what is legal in the state. Yost notes that the group on which the court relied most heavily for its ruling was exposed for prioritizing political advocacy, not medical evidence.

Yost cautions against ingraining so-called expert standards into the constitution, pointing to a 1927 case in which the U.S. Supreme Court did so by endorsing eugenics and sterilization.

“If expert consensus is baked into Ohio’s constitution, it will be hard to undo – harming Ohioans and the constitution,” Yost said.

Hear from the AG:

MEDIA CONTACT:
Dominic Binkley: 614-728-4127

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