Cleveland Heights council passes ‘safe haven’ legislation for gender-affirming health care

CLEVELAND HEIGHTS, Ohio - In an already hostile state environment compounded by a constant barrage of negative political attack ads against transgender people, council on Monday (Nov. 4) declared the city a "safe haven" for gender-affirming health care.

The unanimously-passed resolution proclaims that the city strives to celebrate diversity and promote equitable policies that make Cleveland Heights "a welcoming and inclusive community for all, including people of all gender identities and expressions."

The resolution cites research demonstrating that gender-affirming health care "improves the physical and mental health and well-being of transgender, non-binary and gender-expansive people."

In January, the Ohio General Assembly voted to override Gov. Mike DeWine's veto of Ohio House Bill 68 , which bans minors from receiving gender-affirming health care.

The American Civil Liberties Union ( ACLU ) has appealed a ruling in Franklin County Common Pleas Court upholding the law and lifting a temporary restraining order.

Ohio's 10th District Court of Appeals heard oral arguments in September, with a decision pending that will likely lead to another appeal from one side or the other.

Meanwhile, the city's resolution states that "Cleveland Heights will not criminally prosecute or impose administrative penalties under any local law on any person or organization providing, seeking, receiving or assisting (with) gender-affirming health care."

On final reading, council heard again from Harley Rubin, who proposed the draft legislation with assistance from Councilwoman Gail Larson.

"This is a really rough time when we're seeing (political campaign) ads constantly that are targeting and attacking us," Rubin told council earlier.

Rubin believes the resolution may provide a starting point for establishing larger "sanctuary cities" in Ohio.

"I want trans-youth everywhere to know that they're not alone and there are people fighting for them," Rubin said. "It's really, really hard when you're the only queer person you know."

Larson said that when Rubin approached her asking council to take a stance in the current political climate, she told him she'd be happy to help.

"And this resolution reflects council's continued support," Larson said, noting that they started the year by passing a resolution condemning Ohio House Bill 68 as discriminatory and harmful to transgender youth.

"For any transgender, non-binary and gender-expansive people, you are safe here," Larson said, thanking her colleagues for co-sponsoring the legislation.

Councilman Jim Petras thanked Larson for her work on the resolution and Rubin for the inspiration.

"With transgender people across the state under attack and millions of dollars being spent on egregiously anti-trans ads, this is very meaningful to me and so many other people," Petras said.

Prior to the vote, Mayor Kahlil Seren also thanked council for pursuing it.

"It is so clear, especially in Ohio, that there is a powerful contingent of people that want to put us in boxes and define how we can be ourselves," Seren said. "And it's disgusting.

"I want to thank you all for standing up in the face of that," Seren added. "And it makes me proud to be in Cleveland Heights."

Anna Powaski said at the first reading that the aspect of the safe haven resolution she appreciates the most is the "de-prioritization of the enforcement of laws which seek to punish those seeking and providing gender-affirming care."

She added that Cleveland Heights should "be defiant and pay attention" to neighboring jurisdictions that may prioritize the enforcement against gender-affirming care, "which may be weaponized and taken away from them."

Since graduating from Case Western Reserve University, Sidney Negron plans on moving to Cleveland Heights to continue receiving gender-affirming health care through the local MetroHealth Medical Center.

"But all of that assumes that it's not going to be banned at the state level, which we all know has been a significant risk for trans people in Ohio," Negron told council earlier.

"We're all being inundated with the attack ads that have been going on recently."

Social worker Stephanie Ash thanked council Monday for bringing the legislation forward, noting that Ohio has also restricted gender-affirming mental health care, which "violates our professional code of ethics."

Drew Herzig said on Oct. 21 that he knew what it was like to question "gender identity - before we even had that term."

Herzig believes the local protective legislation is now essential, saying that he also knows what it's like to feel that the world is hostile.

"And that was long before a political party decided to weaponize trans-phobia and put a target on the back of every trans-person in this country - and their families."