MONTGOMERY, AL — Alabama Attorney General Steve Marshall has led a coalition of 24 states in filing an amicus brief urging the Ohio Supreme Court to review a decision by the Ohio Tenth District Court of Appeals that blocked enforcement of Ohio’s law restricting gender transition procedures for minors.
The law, passed by the Ohio legislature, prohibits certain medical treatments, including hormone therapies and surgeries, for individuals under the age of 18 who are seeking to transition genders. The Ohio Court of Appeals ruled against the law, citing conflict with standards set by the World Professional Association for Transgender Health (WPATH).
In the multistate brief, Marshall and the supporting attorneys general argued that the lower court erred in giving deference to WPATH’s guidelines over the policy decisions of an elected legislature. The brief emphasized that medical regulatory authority resides with state governments, not private organizations.
“Deference to a private interest group like WPATH in a matter of public policy undermines the democratic process and ignores the state’s responsibility to protect children,” Marshall stated. “The role of government is to regulate, not be regulated by advocacy organizations.”
Marshall further argued that WPATH’s guidance lacks objectivity and is influenced by political and ideological considerations. He cited evidence uncovered during Alabama’s litigation in Boe v. Marshall, a case defending a similar Alabama law. Although that case was later dismissed, court-ordered discovery included internal communications from WPATH that, according to Marshall, indicated the organization had shaped its guidance with input from legal and advocacy groups to support litigation goals rather than medical consensus.
The brief contends that the Ohio court misapplied legal standards by relying heavily on amicus briefs and WPATH’s contested guidelines instead of legislative judgment. Marshall described this as a “cherry-picking” of perspectives that ignored countervailing international views and emerging concerns about the long-term effects of such procedures on minors.
The coalition is asking the Ohio Supreme Court to overturn the appellate decision and allow the state’s law to take effect. The brief was joined by attorneys general from the following states: Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, and West Virginia.
The case represents a growing national debate over the role of government in regulating medical practices related to gender dysphoria in minors, with states divided over whether to restrict or protect access to such treatments.
