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AG Yost files emergency motion to narrow injunction on Ohio House Bill 68

House Bill 68 was set to go into effect on Wednesday before a Franklin County judge placed a temporary block on it.

COLUMBUS, Ohio — Ohio Attorney General Dave Yost on Monday filed an emergency motion in the Supreme Court of Ohio on House Bill 68.

In the court filing, Yost argues that Franklin County Judge Michael Holbrook — who temporarily blocked the bill on April 16 — overstepped his judicial authority. Yost is also asking the state supreme court to narrow the injunction.

House Bill 68, which was set to go into effect on Wednesday, bans gender-affirming surgeries and hormone therapies, and restricts mental health care for transgender individuals under 18. The measure also bans transgender girls and women from girls and women’s sports teams at both the K-12 and collegiate levels.

House Bill 68 was vetoed by Ohio Gov. Mike DeWine in December. That veto was overridden by the Republican-dominated House and Senate earlier this year.

The temporary block by the Franklin County Court of Common Pleas was set to last two weeks or until the hearing of the plaintiffs' motion for a preliminary injunction.

Franklin County Judge Michael Holbrook said in a written opinion that it’s likely that it violates a requirement that state legislation deals with a single subject.

In his court motion, Yost said that Holbrook acted beyond the scope of his power when placing the ban.

“One judge from one county does not have more power than the governor’s veto pen,” Yost said about the injunction in the case.

The state attorney argues that the injunction is unlawful because it applies to the entire state and not just the two plaintiffs who challenged the law on March 26. 

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