Attorney General Dave Yost has submitted legal arguments to the Ohio Supreme Court in support of a state law that restricts doctors from providing medical treatments intended to change a child’s gender. The law is currently in effect as the state appeals a previous decision by the 10th District Court of Appeals in the case Moe v. Yost.
Yost stated, “We look forward to showing once again that the legislature acted properly in enacting this constitutional law, which protects our children from irreversible medical decisions.”
The brief filed by Yost argues that the 10th District Court erred when it determined parents have a constitutional right to pursue these treatments based on expert opinions. According to Yost, this ruling could be harmful to children who may not fully understand the long-term consequences of such medical interventions. He described the court’s approach as “a dangerous twist on the question of ‘who decides,’” and emphasized that Ohioans, through their elected officials, decided these procedures should only be available to adults.
The brief also claims that the lower court did not allow families or lawmakers to make these decisions but instead relied on unelected advocacy groups labeled as experts. It further argues that Ohio’s constitution does not grant such groups authority over what is legal in the state. Yost pointed out that one group cited by the court was found to focus more on political advocacy than medical evidence.
Yost warned against embedding expert standards into the constitution, referencing a 1927 U.S. Supreme Court case where expert consensus led to endorsement of eugenics and sterilization policies.
“If expert consensus is baked into Ohio’s constitution, it will be hard to undo – harming Ohioans and the constitution,” he said.
“At a high level, it’s our job to defend the law…”
“The 10th District got this seriously wrong…”
“…This is about protecting kids.”
