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LGBTQ+ advocates vow to keep fighting Ohio transgender legislation

Governor DeWine has 10 days to act on House Bill 68 once he physically receives it.

COLUMBUS, Ohio — LGBTQ+ advocates say they are disappointed and have vowed to keep fighting after both houses of the Republican-controlled Ohio legislature passed a bill impacting transgender children and young people. 

"It's very clear that lawmakers simply ignored the voices of hundreds of Ohioans by passing this legislation," Equality Ohio Interim Executive Director Siobhan Boyd-Nelson said. 

The bill now heads to Governor Mike DeWine to sign or veto. The governor has not said whether he will sign it. 

"Right now we're pushing for folks to contact Governor DeWine and ask him not to sign this bill," Kaleidoscope Youth Center Executive Director Erin Upchurch said. 

More than 20 states have similar laws. Most face lawsuits.

University of Cincinnati Political Science Professor David Niven says, if Governor DeWine signs the bill into law, it could be challenged in federal court on the grounds of due process and equal protection, and in state courts under provisions of the state constitution. However, every state is different. 

"We really can't take much of a lesson from other states other than to say there will be a battle and that outcome could range from this law being entirely overthrown to this law being sustained," Niven said. 

Niven said it ultimately becomes a question of, does the bill fit within the state's constitution.

"There will certainly be questions about how the bill might be affected by the recent vote on reproductive rights," Niven said, referring to the November vote approving the constitutional amendment legalizing abortion in Ohio.

LGBTQ+ advocates said they are willing to keep fighting if the bill becomes law, even if that means going to court. 

"We're willing to look at all options, and we are willing to do whatever it takes to protect LGBTQ Ohioans and Trans and Non-binary Ohio youth," Boyd-Nelson said. 

"We know that it's not just a small group of people fighting against this," Upchurch said. "So, knowing that we've got people out there to partner with and stand with is important for our young people to know."

Governor DeWine has 10 days to act on House Bill 68 once he physically receives it. His press secretary, Dan Tierney, said it will likely reach the governor's desk sometime next week.

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