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"To make matters worse, Ohio is now considering adopting sweeping new rules that would restrict the care that Ohio providers can provide to all transgender patients of all ages," one group noted.
In another blow to LGBTQ+ rights, Republicans in the Ohio House of Representatives voted Wednesday to overturn GOP Gov. Mike DeWine's recent veto of legislation that would ban gender-affirming healthcare for transgender youth and prohibit them from playing on school sports teams that match their identity.
While announcing his veto of House Bill 68 last month, DeWine—who spoke with families that would be affected by the bill—said, "Many parents have told me that their child would not have survived, would be dead today, if they had not received the treatment they received from one of Ohio's children's hospitals."
Rights groups and impacted families similarly highlighted the stakes after the Ohio House's 65-28 vote on Wednesday, which is expected to be followed by a vote in the state Senate on January 24.
As The Columbus Dispatch reported:
Betty Elswick of Marysville traveled to Columbus on Wednesday to protest the vote with her 16-year-old son, Parker, who has been receiving hormone therapy for four months. Elswick said the family will likely leave Ohio if House Bill 68 becomes law so Parker can access the healthcare he needs.
"If this gets passed through, it's going to kill kids," Parker Elswick said.
"We are extremely disappointed that the Ohio House continued their crusade against transgender youth and their families by returning early for an emergency session to override the governor's veto on H.B. 68," declared the ACLU of Ohio. "This state-sponsored vendetta against some of Ohio's most vulnerable young people is beyond cruel."
"The ACLU of Ohio stands in solidarity with all transgender youth and their families," the organization stressed. "This measure may force families to leave the state, disrupting communities and other deep ties to Ohio's history and economy."
The ACLU of Ohio also noted Wednesday that "to make matters worse, Ohio is now considering adopting sweeping new rules that would restrict the care that Ohio providers can provide to all transgender patients of all ages."
"These proposed restrictions, if finalized, would make Ohio the most restrictive state in the country with respect to evidence-based healthcare, imposing disastrous burdens on providers untethered from any medical guidelines," the group warned. "Ohioans do not want government officials involved in private medical decisions, these matters should be reserved for parents, children, and doctors."
While DeWine won widespread praise for his veto, "late Friday, the governor announced a new executive order and a set of rules from the state's health department that could threaten access to gender-affirming care across the state, even for trans adults," MSNBC columnist Katelyn Burns, the first openly transgender Capitol Hill reporter, explained Wednesday.
"Trans people used to die from secretive, underground bottom surgeries, and health issues frequently popped up among those who got black-market hormones with self-prescribed dosages," Burns noted. "We must avoid returning to a world where trans people are forced to turn to dark-market providers for their lifesaving medical needs, and that means we must vigorously and vocally oppose DeWine's onerous government overreach into the private lives of trans people. The quality of transition care depends on it."
In addition to battling over gender-affirming healthcare and sports teams, Ohio Republicans are considering House Bill 183, which would prevent trans students at public K-12 schools and universities from using bathrooms and locker rooms that align with their identity.
During an Ohio House Higher Education Committee hearing for the bathroom bill on Wednesday, one of the sponsors, Rep. Beth Lear (R-61), used a Bible verse to justify the bill and suggested supporters of trans students should be executed.
"If I had a child who thought he was a bird, am I going to take him to a doctor who tells him the best thing to do is to let him explore being a bird?" Lear also said, according to The Enquirer. "And oh, by the way, there's a five-story building next door—why don't you jump off and see if you can fly?"
Meanwhile, Planned Parenthood Advocates of Ohio argued Wednesday that "trans people deserve equal accommodations. Going to the bathroom is a normal bodily function and trans people should be able to do so in the bathroom that corresponds with their gender identity."
"Make no mistake—bathroom bills are part of a larger dehumanization campaign against the trans community," the group added. "There are so many other initiatives the Legislature could be focused on instead of perpetuating unnecessary surveillance and harm to the trans community."
"Thank you to Gov. DeWine for listening to the people of his state and making the right decision for young trans Ohioans," said one advocate.
LGBTQ+ rights advocates on Friday praised Republican Ohio Gov. Mike DeWine for vetoing a bill that would ban gender-affirming healthcare for transgender youth and bar them from participating in school sports teams that match their identity.
"Ohio families don't want politicians meddling in decisions that should be between parents, their kids, and their doctors," said Human Rights Campaign president Kelley Robinson in a statement.
"Instead, parents, schools, and doctors should all do everything they can to make all youth, including transgender youth, feel loved and accepted, and politicians should not be making it harder for them to do so," she added. "Thank you to Gov. DeWine for listening to the people of his state and making the right decision for young trans Ohioans."
Thanking DeWine on social media, ACLU of Ohio executive director J. Bennett Guess stressed that "lives will be saved because of this critically important veto!"
Also welcoming the veto, the Ohio Chapter of the National Association of Social Workers said: "This is the result of advocacy of trans folks and their families, providers, and advocates. Thank you all for taking action. Our advocacy action steps continue. Now we need to contact our Ohio legislators to urge them not to overturn the veto."
Some Republican state lawmakers expressed disappointment with the governor's decision and teased an override effort. The Associated Pressreported Friday that "GOP lawmakers hold enough seats to override DeWine's veto, but if or when they would do so was not immediately clear. Both within and between chambers, Republican legislators have not been in lockstep this year."
Several GOP-dominated states have recently moved to restrict gender-affirming care, especially for minors. In 2021, then-Republican Arkansas Gov. Asa Hutchinson vetoed a healthcare ban targeting youth. State lawmakers overrode his veto, but a federal judge struck down the law in June. Earlier this week, another judge blocked a similar law in Idaho.
As for athletics, two dozen states have enacted laws or regulations preventing students from participating in sports consistent with their gender identity, often targeting trans girls, according to the Movement Advancement Project. Some of those bans are currently blocked—including one in Utah, where Republican Gov. Spencer Cox vetoed the bill last year but state lawmakers swiftly overrode the veto. Cox notably signed a ban on gender-affirming care for youth earlier this year.
After the Ohio Legislature passed House Bill 68 earlier this month, Nick Lashutka, president and CEO of the Ohio Children's Hospital Association, pointed out that "we do not perform any surgeries on minors for the condition of gender dysphoria."
"If this bill becomes law," he warned, "it will be devastating to kids and their families who are already at their most vulnerable and will place an insurmountable barrier between patients and their medical professionals for often lifesaving care."
DeWine, who visited children's hospitals and spoke with families before announcing the veto, echoed medical professionals on Friday. As The Washington Postreported:
"This bill would impact a very small number of Ohio's children. But for those children who face gender dysphoria, the consequences of this bill could not be more profound. Ultimately I believe this is about protecting human life," DeWine said Friday during a news conference announcing the decision. "Many parents have told me that their child would not have survived, would be dead today, if they had not received the treatment they received from one of Ohio's children's hospitals."
"These are gut-wrenching decisions that should be made by parents and should be informed by teams of doctors who are advising them," DeWine continued. "Were I to sign House Bill 68, or were House Bill 68 to become law, Ohio would be saying that the state, that the government, knows better what is medically best for a child than the two people who love that child the most: the parents."
The Columbus Dispatch noted that DeWine "said his administration will draft rules to ban surgery for patients under 18, collect data on transgender medical care for adults and children, and restrict pop-up clinics that don't provide adequate mental health counseling."
While welcoming the veto as "crucial" and "extraordinary," trans activist and content creator Erin Reed also highlighted the caveats, saying that "the most concerning aspect of Gov. DeWine's announcement was the potential for increased scrutiny of transgender adults in Ohio."
If Norfolk Southern "can pay for lobbyists and politicians, they can pay to clean up the mess they made in our community," said one local group.
An investigation published Monday revealed that just weeks before a Norfolk Southern-owned train overloaded with hazardous materials derailed and caused a toxic chemical fire in East Palestine, Ohio, the rail giant donated $10,000—the maximum amount allowed—to help fund the inauguration of the state's Republican Gov. Mike DeWine.
According to WSYX, the Columbus-based news outlet that conducted the investigation, "This contribution, which is part of $29,000 the Virginia-based corporation has contributed to DeWine's political funds since he first ran for governor in 2018, is merely one piece of an extensive, ongoing effort to influence statewide officials and Ohio lawmakers."
"In all, the railway company has contributed about $98,000 during the past six years to Ohio statewide and legislative candidates, according to data from the secretary of state," WSYX reported. "Virtually all went to Republicans, although Norfolk Southern hedged its support for DeWine in 2018 with a $3,000 check to Democratic gubernatorial candidate Richard Cordray."
In addition to shelling out loads of campaign cash, Norfolk Southern has also extensively lobbied DeWine, statewide officials, and Ohio lawmakers.
Quarterly reports disclosing the company's lobbying activities show that DeWine and other statewide officials were targeted 39 times over the past six years, while Ohio lawmakers were targeted 167 times during the same time period.
"Most of the disclosed attempts to influence Ohio leaders came on generic rail or transportation issues," WSYX reported. "Some efforts, however, were devoted to defeating legislation that would have established tougher safety standards for rail yards and train operations."
River Valley Organizing, a local progressive group, declared on social media that "this is what we're up against."
\u201cThis is what we\u2019re up against. \n\nIf they can pay for lobbyists and politicians, they can pay to clean up the mess they made in our community. https://t.co/yPQX3EE8sA\u201d— River Valley Organizing (@River Valley Organizing) 1676907934
Norfolk Southern's successful bid to thwart at least one Ohio bill aimed at improving railroad safety—explained in depth by the local news outlet—mirrors the company's triumphant campaign to weaken federal regulations.
Before dozens of its train cars careened off the tracks and burst into flames in East Palestine on February 3—leading to the discharge of vinyl chloride and other carcinogenic chemicals—Norfolk Southern "helped kill a federal safety rule aimed at upgrading the rail industry's Civil War-era braking systems," The Leverreported earlier this month.
\u201cNorfolk Southern happily put profits over people - and now the folks of the East Palestine community are paying the price. \n\nIt's time to make Norfolk Southern pay. https://t.co/1By480jRuU\u201d— River Valley Organizing (@River Valley Organizing) 1676906104
U.S. Transportation Secretary Pete Buttigieg, who has been criticized by progressive advocacy groups and lawmakers for his lackluster response to the crisis in East Palestine, sent a letter to Norfolk Southern CEO Alan Shaw on Sunday stating that the National Transportation Safety Board (NTSB) is investigating the cause of the derailment and that the Federal Railroad Administration is examining whether safety violations occurred and intends to hold Norfolk Southern accountable if they did.
Buttigieg insisted that the company "demonstrate unequivocal support" for the poor rural town's roughly 4,700 residents as well as the populations of surrounding areas potentially affected by air and groundwater contamination.
"Norfolk Southern must live up to its commitment to make residents whole—and must also live up to its obligation to do whatever it takes to stop putting communities such as East Palestine at risk," the transportation secretary wrote. "This is the right time for Norfolk Southern to take a leadership position within the rail industry, shifting to a posture that focuses on supporting, not thwarting, efforts to raise the standard of U.S. rail safety regulation."
As The Associated Pressreported Monday:
Buttigieg also said that Norfolk Southern and other rail companies "spent millions of dollars in the courts and lobbying members of Congress to oppose commonsense safety regulations, stopping some entirely and reducing the scope of others." He said the effort undermined rules on brake requirements and delayed the phase-in for more durable rail cars to transport hazardous material to 2029, instead of the "originally envisioned date of 2025."
The transportation secretary said the results of the investigation are not yet known, but "we do know that these steps that Norfolk Southern and its peers lobbied against were intended to improve rail safety and to help keep Americans safe."
Nevertheless, as The Leverreported earlier this month, Buttigieg is actively considering an industry-backed proposal to further erode federal oversight of train braking systems.
The outlet has published an open letter urging Buttigieg "to rectify the multiple regulatory failures that preceded this horrific situation," including by exercising his authority to reinstate the rail safety rules rescinded by the Trump administration at the behest of industry lobbyists.
The full environmental and public health consequences of the ongoing East Palestine disaster are still coming into view, as residents question the validity of initial water testing paid for by Norfolk Southern.
Despite state officials' claims that air and water in the area remain safe, thousands of fish have died in polluted local waterways and people in the vicinity of the derailment have reported headaches, eye irritation, and other symptoms.
Just days after his company skipped a town hall meeting, Shaw visited East Palestine on Saturday and said that "we are here and will stay here for as long as it takes to ensure your safety."
"Something's wrong with corporate America and something's wrong with Congress and administrations listening too much to corporate lobbyists."
Norfolk Southern, which reported record-breaking operating revenues of $12.7 billion in 2022, originally offered to donate just $25,000 to help affected residents—an amount equivalent to about $5 per person—but recently announced the creation of a $1 million charitable fund instead.
Lawmakers in Ohio "are now scrambling to make sure the railroad is held accountable," WSYX reported. "The House Homeland Security Committee is scheduled to hear 'informal testimony' Wednesday from Karen Huey, assistant director of the Ohio Department of Public Safety, and John Esterly, chairman of the Ohio State Legislative Board with the Brotherhood of Locomotive Engineers."
In Washington, U.S. Senate Commerce Committee Chair Maria Cantwell (D-Wash.) on Friday requested information regarding the handling of hazardous materials from the CEOs of several large rail corporations, including Norfolk Southern.
"Over the past five years, the Class I railroads have cut their workforce by nearly one-third, shuttered railyards where railcars are traditionally inspected, and are running longer and heavier trains," Cantwell wrote. "Thousands of trains carrying hazardous materials, like the one that derailed in Ohio, travel through communities throughout the nation each day."
Notably, Norfolk Southern announced a $10 billion stock buyback program last March. The company has routinely raised its dividend, rewarding shareholders while refusing to invest in safety upgrades or basic benefits such as paid sick leave.
\u201cThere's no secret conspiracy behind the Norfolk Southern derailments.\n\nThe company cut over 9,600 jobs since 2002, and in that same period they've given shareholders 4,500% more money to line their pockets.\n\nThe story here is deadly corporate greed.\nhttps://t.co/EyLXqKqvXR\u201d— More Perfect Union (@More Perfect Union) 1676647771
Just days after he sent co-authored letters raising safety and health concerns to the NTSB and the U.S. Environmental Protection Agency, U.S. Sen. Sherrod Brown (D-Ohio) said during a Sunday appearance on CNN's "State of the Union" that Norfolk Southern is responsible for the East Palestine disaster, which he characterized as another chapter in "the same old story."
"Corporations do stock buybacks, they do big dividend checks, they lay off workers," said Brown. "Thousands of workers have been laid off from Norfolk Southern. Then they don't invest in safety rules and safety regulation, and this kind of thing happens. That's why people in East Palestine are so upset."
“They know that corporate lobbyists have had far too much influence in our government and they see this as the result," Brown continued. "These things are happening because these railroads are simply not investing the way they should in car safety and in the rail lines themselves."
"Something's wrong with corporate America and something's wrong with Congress and administrations listening too much to corporate lobbyists," he added. "And that's got to change."
Another Norfolk Southern train carrying hazardous materials crashed last week near Detroit, Michigan. Like Brown, union leaders and U.S. Sen. Bernie Sanders (I-Vt.) have attributed the recent derailments to Wall Street-backed policies that prioritize profits over safety.
As David Sirota, Rebecca Burns, Julia Rock, and Matthew Cunningham-Cook of The Leverpointed out in a recent New York Times opinion piece, the U.S. is home to more than 1,000 train derailments per year and has seen a 36% increase in hazardous materials violations committed by rail carriers in the past five years.
The rail industry "tolerates too many preventable derailments and fights too many safety regulations," the journalists wrote. "The federal government must move quickly to improve rail safety overall."
An inter-union alliance of U.S. rail workers, meanwhile, has called on organized labor to back the nationalization of the country's railroad system, arguing that "our nation can no longer afford private ownership of the railroads; the general welfare demands that they be brought under public ownership."