LJ Cunningham

Ohio Governor Overrides Democratic Healthcare


What do the new Administrative orders for the Ohio Department of Health and Ohio Department of Mental Health and Addiction Services mean for trans Ohioans?

Post Published: January 9, 2024

Ohio Republican Governor Mike DeWine made national news vetoing anti-trans bill HB 68 on December 29, 2023.  He then announced an executive order to ban gender-affirming surgery for all youth on January 5, 2024. Adding additional adult restrictions, the governor is weaponizing the state’s mental health and public health boards against trans people.

What’s worse: that there have never been gender-affirming surgeries on youth anyway, or that now the GOP controls mental health?

Ohio’s Governor Gives All Transphobic Legislation a Boost

There are 9 anti-trans bills giving the State legislature control over trans existence. DeWine gave all of those a boost by setting a baseline publicly that all trans individuals need psychiatrists; and that parents aren’t trans. By choosing to ban a surgery for minors no minor has reportedly ever had in Ohio, the new Administrative Rules also dictate treatment for trans adults that has nothing to do with standards of care, and are likely not accessible or affordable to most Ohioans. It shows an intentional discriminatory and ignorant disregard for the lives of trans people.

What Did Ohio Governor Mike DeWine Do?

On January 5, 2024, Governor DeWine set up new Administrative Rules to be enforced by the Ohio Department of Public Health and the Ohio Department of Mental Health and Addiction Services (ODMHAS). DeWine has been funneling millions into the ODMH for years, and now is using it to enforce unethical practice.

These rules effectively ban gender-affirming care in Ohio. It also puts today’s ethically practicing therapists in an unprecedented position: practice legally, or practice ethically. What’s important to know: the Ohio Department of Mental Health and Addiction Services is integral in all mental health for the whole state.

Their website notes that they coordinates “regional hospital care in the state,” in addition to working with providers.

Weaponizing it, DeWine takes a moment to publicly call trans adults all but crazy; we all need a team of psychiatrists because he said so.
This is incredibly awkward. Despite making headlines for years for funneling money into the ODMHAS, DeWine weaponizes it against some of the community’s most vulnerable in more ways than one.

Ohio Now Aligns With Trump’s Transphobic Rhetoric

Former President Donald Trump has already stated he would ban gender-affirming care at the Federal level for minors. Despite DeWine’s past disfavor with Trump Republicans during COVID-19, today’s health orders align with that of the former President’s.
This is the future I was fearful of  for the last two years. There’s no way I’m going to have my professional ethics tossed aside for government control. I’ve written before about letting my own professional license lapse rather than practice in these conditions. Unfortunately, that doesn’t soften the blow of living this reality. The most violent transphobic rhetoric is behind hate crimes and armed, largely anti-government, white supremacists.
Never forget that Dr. Acton left her role at the Ohio Department of Health after reported concerns she would be required to make health orders against her Hippocratic Oath to do no harm.
DeWine’s former reputation as a calm, common-sense Republican is just a facade. In retrospect, it feels like this is a premeditated attack on human rights, which impacts myself and countless Ohioans very personally.
(135th General Assembly) (Substitute House Bill Number 68) AN ACT To enact sections 3109.054, 3129.01, 3129.02, 3129.03, 3129.04, 3129.05, 3129.06, 3313.5319, and 3345.562 of the Revised Code to enact the Saving Ohio Adolescents from Experimentation (SAFE) Act regarding gender transition services for minors, and to enact the Save Women's Sports Act to require schools, state institutions of higher education, and private colleges to designate separate single-sex teams and sports for each sex. Be it enacted by the General Assembly of the State of Ohio: SECTION 1. That sections 3109.054, 3129.01, 3129.02, 3129.03, 3129.04, 3129.05, 3129.06, 3313.5319, and 3345.562 of the Revised Code be enacted to read as follows: Sec. 3109.054. When allocating parental rights and responsibilities or parenting time, no court shall deny or limit a parent's parental rights and responsibilities or parenting time based on the parent's decision to do any of the following: (A) Refer to and raise the child in a manner consistent with the child's biological sex; (B) Decline to consent to the child receiving gender transition services as defined in section 3129.01 of the Revised Code; (C) Decline to consent to the child receiving counseling or other mental health services for the purpose of affirming the child's perception of the child's gender or sex, if the child's perception is inconsistent with the child's biological sex. Sec. 3129.01. As used in this chapter: (A) "Biological sex," "birth sex," and "sex" mean the biological indication of male and female, including sex chromosomes, naturally occurring sex hormones, gonads, and nonambiguous internal and external genitalia present at birth, without regard to an individual's psychological, chosen, or subjective experience of gender. (B) "Cross-sex hormone" means testosterone, estrogen, or progesterone given to a minor individual in an amount greater than would normally be produced endogenously in a healthy individual of the minor individual's age and sex. (C) "Gender reassignment surgery" means any surgery performed for the purpose of assisting an individual with gender transition that seeks to surgically alter or remove healthy physical or anatomical characteristics or features that are typical for the individual's biological sex, in order to instill or create physiological or anatomical characteristics that resemble a sex different from the individual's birth sex, including genital or non-genital gender reassignment surgery. (D) "Gender-related condition" means any condition where an individual feels an
Image of pg. one of Ohio HB 68 highlights favoring gender-critical parents who share parenting with gender-affirming parents.

Trans Parents and Trans Youth

Ohio House Bill 68 discriminates against parents who provide favored pronouns and names for their own gender diverse children. This means that any parent who is in a shared parenting plan with a former spouse can have their parental rights threatened if HB 68 becomes law.

This is a potential nightmare for people co-parenting with abusive ex-partners, opening up a whole new legitimized way for children to be weaponized within families. The flip-side of this is what the governor didn’t say: trans parents don’t exist. Obviously, these measures are to protect children from all the mentally ill trans adults.

DeWine said the quiet part loudly at Friday’s press conference: he only considers cis-gendered parents to be parents.

Info graphic from the Center for Disease control reads from left to right on top: transgender teens need safe and supportive schools. Statistics with accompanying article and info graphic report that 27% felt unsafe in school, 35 per cent feel bullied, and 35 per cent attempt suicide. The recommendation is for safe, supportive gender exploration. This is from 2017.
A 2017 infographic on what trans kids need most. Courtesy the CDC.

I’m a Trans Parent

It’s what Mike DeWine doesn’t say that does the most damage, in my opinion. Leaning in hard to the narrative that queers are scary and bad, he made me publicly open to discrimination. Am I crazy? Do I have parental rights?

After months on end of transphobic attacks on teachers, medical providers, and licensed mental health professionals, this isn’t a surprise. Gary Click, a sponsor of many transphobic bills, berates trans people in the Statehouse Chamber, in person, and via online bullying while working.
“I believe parents, not the government, should be making these decisions for children,” DeWine said at Friday’s news conference.
Am I supposed to think that my voice has any impact under these conditions? The relegating of the Ohio Department of Mental Health and Addiction Services to enforce evidence-based harm instead of care is going to kill people. Everything about these orders is putting trans and gender-non-conforming individuals, and their allies, in a very uncomfortable position.
Trans people, especially younger people, have increased thoughts of suicide. The reason for this is correlated to living in an environment hostile to their existence.
Imagine that.
From the Trevor Project; statistics on Black trans and nonbinary rates of suicidal ideation and attempts. Text reads in part: (57%) Black LGBTQ young people identified as transgender or nonbinary, 11% of whom were transgender. Black transgender and nonbinary young people reported higher rates of all indicators of poor mental health compared to their Black cisgender LGBQ peers. This includes reporting more than double the rate of suicide attempts in the past year (25%) compared to Black cisgender LGBQ young people (12%). Among Black transgender and nonbinary young people, those who were assigned female at birth reported higher rates of both seriously considering suicide in the past year (60%) and attempting suicide in the past year (26%) compared to Black transgender and nonbinary young people assigned male at birth (43% and 18%, respectively), similar to overall patterns among transgender and nonbinary young people.(57%) Black LGBTQ young people identified as transgender or nonbinary, 11% of whom were transgender. Black transgender and nonbinary young people reported higher rates of all indicators of poor mental health compared to their Black cisgender LGBQ peers. This includes reporting more than double the rate of suicide attempts in the past year (25%) compared to Black cisgender LGBQ young people (12%). Among Black transgender and nonbinary young people, those who were assigned female at birth reported higher rates of both seriously considering suicide in the past year (60%) and attempting suicide in the past year (26%) compared to Black transgender and nonbinary young people assigned male at birth (43% and 18%, respectively), similar to overall patterns among transgender and nonbinary young people. (57%) Black LGBTQ young people identified as transgender or nonbinary, 11% of whom were transgender. Black transgender and nonbinary young people reported higher rates of all indicators of poor mental health compared to their Black cisgender LGBQ peers. This includes reporting more than double the rate of suicide attempts in the past year (25%) compared to Black cisgender LGBQ young people (12%). Among Black transgender and nonbinary young people, those who were assigned female at birth reported higher rates of both seriously considering suicide in the past year (60%) and attempting suicide in the past year (26%) compared to Black transgender and nonbinary young people assigned male at birth (43% and 18%, respectively), similar to overall patterns among transgender and nonbinary young people.
Infographic on rates of suicidal ideation, depression, and anxiety symptoms. Restricted care to access is a systemic known cause of these symptoms. This is most damaging to racialized groups who already have less access to care from other, already-existing, systemic barriers.

Is There Hope?

There’s always hope.

January 10, 2024 at 2 PM the Ohio House votes on whether or not to override DeWine’s self-serving veto.

To possibly STOP THE OVERRIDE click here.

I left a voicemail for the Assistant to the Director of Ohio Department of Mental Health and Addiction Services. I’m wondering if there’s a plan of implementation in place, given the Executive Order from the Governor. If you would like to contact ODMHAS, their number is: (614) 466-2596.

I was initially referred to the Governor’s office before sent to Nicole Marx’s voicemail by an unknown person who answered the phone at ODMHAS.

collage shows past and current accolades for DeWine for standing up for trans rights and COVID protocols. A partial image of donald trump is shown along with an image from teen titans go with characters above the words "pyramid scheme"
This somehow makes the whole COVID-19 thing worse.

 

 

 

 

 

 

 

 


 

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