Both sides agree: Stakes are high in lawsuit over Ohio juvenile transgender rights

COLUMBUS, Ohio (WSYX) — As the final day approaches of an anticipated week-long hearing on the legality of an Ohio law limiting gender care for juveniles, the two sides actually agree on something:

The outcome is tremendously important to Ohio's future.

"The stakes are high because we're talking about kids," said Assistant Attorney General Amanda Narog. "Kids are different. We don't allow them to be harmed. We don't allow them to make decisions for themselves because they're just not ready to do that.

"And we don't want to see any children harmed here."

Freda Levenson, lawyer for the ACLU of Ohio, said, "The stakes are huge. If the state is able to enact a ban on transgender care for youth, children, and adolescents who desperately need to be cared for to cure gender dysphoria, which is a serious psychological diagnosis."

"They need that care, so they would either suffer here without that care in the state, or their families would have to drive great distances and (at) great inconvenience to get them care several times a year. Or the families ... might have to pick up and move in order to get the care that their child needs."

The stakes are obvious in the attorneys present. The ACLU has a lawyer from its national team on hand and was one of at least five to ask questions of witnesses in the past four days. Levenson is the Ohio ACLU's legal director.

Erik Clark is Attorney General Dave Yost's chief of major litigation as well as the Antitrust, Charitable Law, Consumer Protection, and Constitutional Offices sections. In private practice, he was named a Super Lawyer.Narog is senior legal counsel for major litigation.

Veteran doctor/professor: 'I think the risks are too great'

Judge Michael Holbrook of Franklin County Common Pleas Court put House Bill 68 on hold earlier this yeah after the ACLU filed suit before it became law. This week's hearing will determine whether that delay continues, or the controversial measure is allowed to take effect.

It's unknown how long it will take Holbrook to rule.

However, with the losing side expected to appeal, the bill could be put on hold again until that's resolved. The process could be repeated until a final ruling by the Ohio Supreme Court.

Thursday's hearing featured testimony from three expert witnesses hired by Yost's office. They followed experts hired by the ACLU.

As the testimony proceeded, each side tried to undermine the other side's expert witnesses. By now, the two sides have a roadmap to their likely testimony, with pre-trial depositions (sworn testimony), written reports, and often testimony in similar cases across the country.

Dr. Stephen Levine, a Case Western Reserve University professor who's been seeing patients with gender dysphoria since 1973, has testified in at least five states against permissive gender transition practices.

In his wide-ranging comments Thursday, testified on systematic reviews of studies on gender transitions on young people: "All of them agree that the use of puberty blockers -- the scientific basis for that is of very low quality."

He added, "The science has not done the appropriate work in this field. My own opinion is I think the risks are too great ... We cannot assume the benefits the drugs have (a) reputation to achieve will be achieved, and more importantly, that we can’t assume the harms won’t outweigh the benefits."

The psychiatrist was even more outspoken on the hormone treatments typically used to effect a medical gender transition.

"I actually don’t believe doctors should, and I do not recommend a hormone treatment for minors. ... Doctors don’t have a crystal ball. They don’t know who will thrive and who will be deteriorated by this. I actually don’t think science has established what is best."

And he said, "If I recommended your child have hormonal treatment, it’s a dishonest recommendation."

Would you rather have a live girl or a dead boy?

The hearing's penultimate day had an odd ending.

Jamie Reed, a whistleblower from a St. Louis Children's Hospital pediatric gender care clinic, testified abouthorrific practices at the facility -- including coaching kids to act suicidal to make sure they got treated.

She also alleged staffers were taught to bully parents -- in front of their kids -- into agreeing to the child's transition by saying would you rather have a live girl or a dead boy.

Reed also accused the clinic of providing puberty blockers and cross-sex hormones even without a gender dysphoria diagnosis.

After several minutes of this, Holbrook questioned how even eye-opening allegations are relevant when they're happening 400 miles from Ohio.

Reed's complaints launched investigations this year from the Missouri attorney general and a U.S. senator from the state. However, Washington University -- which is associated with the clinic -- found the claims unsubstantiated.

Missouri lawmakers banned transgender surgeries and hormone treatment for minors last year after Reed’s explosive allegations. The ACLU is fighting that law.

Reed said she is a lesbian married to a transgendered male who previously supported the gender care center's actions.

drowland@sbgtv.com

@darreldrowland