COLUMBUS, Ohio (WCMH) -- The Ohio High School Athletic Association has amended a policy that allowed fewer than 10 transgender students to take part in athletics last school year after a law went into effect banning trans athletes from participating in women's sports.
House Bill 68, which bars all trans students from taking part in female athletics, became law on Tuesday when Franklin County Common Pleas Judge Michael Holbrook lifted the temporary restraining order that had been blocking the measure. The legislation will also prohibit Ohio's children's hospitals from providing gender-affirming care to trans minors, and was originally set to take effect on April 24.
"The OHSAA is aware of the court's decision regarding House Bill 68 and our transgender policy is now updated to comply with state law," a spokesperson for the association said in a statement to NBC4.
The OHSAA's trans athlete policy, a step-by-step process for a trans student to request participation, allowed seven trans girls to take part in high school sports during the 2023-24 school year and six during the 2022-23 school year.
A previous version of the policy stated trans girls wishing to compete on a girls' team must complete a minimum of one year of hormone treatment and demonstrate, by way of "sound medical evidence," that she does not possess physical advantages. Now, the document reads, "A transgender female may not participate on girls' teams in accordance with [Ohio Revised Code]."
Tuesday's ruling followed a five-day trial that took place in July after the ACLU filed a lawsuit against the measure in March on behalf of two families whose children are at risk of losing access to their healthcare. The organization quickly moved to appeal Holbrook's "disappointing" ruling, "especially in light of the continuing efforts to undermine this vulnerable population in Ohio."
"Trans women and girls belong in sports with their peers," said Dara Adkison, executive director of TransOhio. "Despite repeated attempts to reduce and restrict access to support systems and public spaces for trans, nonbinary, intersex, and gender nonconforming youth, transgender Ohioans cannot be legislated away."
The legal challenge came after the Statehouse overrode Gov. Mike DeWine's veto of the legislation. DeWine rejected the bill after visiting several children's hospitals, arguing "parents should make these decisions and not the government."
The OHSAA, which said about 400,000 athletes in grades 7-12 participate in its sanctioned sports each year, previously asserted the policy's former version was effective in protecting the integrity of girls' sports while also providing participation opportunities for trans students.
"H.B. 68 would have a direct impact on the OHSAA's transgender policy, which has been in place since 2015 and has served our member schools to provide participation opportunities for transgender students without putting biological females at a competitive disadvantage," the association said to NBC4 before the Statehouse overrode DeWine's veto.
Rep. Jena Powell (R-Arcanum), one of the measure's primary sponsors, had long argued for "the need to protect the integrity of women's sports" and said on Tuesday that the legislation is a "fairness issue."
"This law will ensure that every little girl who works hard to make it on a podium is not robbed of her chance by a biological male competing against her in a biological female sport," wrote Powell in a statement. "We want every little girl to achieve her athletic dream here in the state of Ohio."
Former University of Kentucky swimmer Riley Gaines had spoke in favor of the bill at the Statehouse, testifying she competed against Lia Thomas, a trans swimmer from the University of Pennsylvania, in the 200-yard freestyle at the 2022 NCAA swimming championships. When the two tied for fifth place, Gaines claimed NCAA officials opted to award the trophy to Thomas.
Gaines also challenged the OSHAA's claim that six trans high school students took part in athletics during the 2022-23 school year. "It’s underreported, the number is certainly more than six," she said. "I've had more people in the state of Ohio reach out to me specifically who say they’re scared to speak out about this, because they don't want to be reprimanded."
Parker, a trans central Ohio high school student whose full name wasn't given when they testified, said they have been playing field hockey their entire life and spoke in support of the OHSAA's current policy. Parker accused lawmakers of only "following on the bandwagon" of the previous states banning trans athletes.
"It is evident that you are not saving women's sports," said Parker. "We already have policies in place by the OHSAA that have worked for years. Don't take the opportunity for trans youth like me to play as their full authentic self."
