Ohio's gender-affirming care ban for minors prompts similar calls in Michigan

Lansing — Transgender individuals in Michigan worry about continued access to gender-affirming medical care following the Ohio Legislature’s successful effort to restrict such care for minors.

Sen. Jonathan Lindsey, R-Allen, said he wants Michigan to pass a similar law to protect young people.

But critics of such a proposal counter that such a law would be discriminatory and unnecessary and would intrude on individual and family medical decision-making.

Lindsey and some other lawmakers have discussed moving forward with such legislation.

“We are not looking at bans of gender-affirming care. We are looking toward educating the youth and health care providers about what these (transgender) individuals want to do,” Lindsey said.

Any such proposal would face an uphill battle in the Michigan Legislature, where Democrats control both chambers and set the legislative agenda.

Lindsey said providers should question people who seek gender-affirming care, asking, for example: Why do you think you identify with another gender? Do you truly believe and see yourself as another gender? Have you felt this way for a long duration of time?”

“The legislation would discourage penalizing a doctor who takes a fair approach and exercises every other option before finally deciding that the individual should switch their gender,” Lindsey said.

In January, Ohio Gov. Mike DeWine’s veto of a bill blocking minors access to gender-affirming care was overridden by the Republican-controlled Legislature, putting the law into place. That means minors in that state didn't have access to gender-affirming care for trans and nonbinary youth, hormone blockers, hormone replacement therapy, medical and surgical procedures and some mental health services, according to the new law.

After the Ohio Legislature overturned DeWine’s veto, Lindsey and Michigan Republican State Reps. Brad Paquette of Niles, Josh Shriver of Oxford and Tom Kunse of Clare and Sen. Lana Theis of Brighton all spoke favorably about the ban on social media.

But an Ohio judge last month suspended the law, arguing it is unconstitutional. The state's attorney general is appealing the temporary restraining order.

Jay Kaplan, a staff attorney for the American Civil Liberties Union of Michigan, said there are dangers in taking away gender-affirming care.

As for some Michigan legislators supporting Ohio’s approach, Kaplan called such action “cynical,” adding, “This was a calculated political decision to do this.”

“Transgender individuals have been accessing gender-affirming care for decades, safely and under medical standards,” he said.

Kaplan also criticized erroneous assumptions about the transgender community. For example, “most minors don’t undergo gender-affirming surgeries. Their focus is more on hormone therapy and puberty blockers,” he said.

“Minors can’t make these gender-affirming surgeries by themselves. The parent or guardian makes those decisions for them or on behalf of them, and after long consultation with a doctor,” Kaplan said. “Gender confusion and struggling with your gender identity is not a reason to ban gender-affirming health care.”

According to the advocacy group Human Rights Campaign, 22 states have passed laws restricting gender-affirming care. Ohio’s recent law change made it the 23rd.