Bonta

OAKLAND (10-4-21) – California Attorney General Rob Bonta today announced that — effective Sept. 30, 2021 — California will restrict state-funded travel to Ohio as a result of new anti-LGBTQ+ legislation recently enacted in the state. Specifically, provisions of the new legislation, House Bill 110 (HB 110), will allow medical providers in the state to deny care to LGBTQ+ Americans, including Californians traveling in Ohio. The new restrictions on state-funded travel to Ohio announced today are required by California Assembly Bill 1887 (AB 1887), which passed in 2016.

Attorney General Rob Bonta

“Blocking access to life-saving care is wrong. Period. Whether it’s denying a prescription for medication that prevents the spread of HIV, refusing to provide gender-affirming care, or undermining a woman’s right to choose, HB 110 unnecessarily puts the health of Americans at risk. Critically, the law runs afoul of Assembly Bill 1887. When states discriminate against LGBTQ+ Americans, the California Department of Justice must act. That’s why — in line with the law — we’re adding Ohio to California’s state-funded travel restrictions list.”

California Assembly member Evan Low, who serves as Chair of the California Legislative LGBTQ Caucus

“Ohio’s decision to condone attacks on the health of its nearly 400,000 LGBTQ+ residents was widely opposed by the state’s medical community. It’s plain that this law only serves to discriminate. We will never put Californians at risk of falling victim to the same toxic standard by supporting the use of taxpayer dollars for travel in places where anti-LGBTQ discrimination is the law of the land.”

Despite increasing awareness of and respect for the inherent dignity of LGBTQ+ people, there has been a recent, dangerous wave of discriminatory new legislation signed into law in states across the country that directly works to roll back hard-won anti-discrimination protections. Many states pushing these new discriminatory laws are already on California’s travel restrictions list, which with the addition of Ohio will now grow to a total of 18 states. Ohio’s HB 110 is particularly troublesome in that it allows medical providers to deny important healthcare services to any patient over the entire course of the patient’s treatment. The law is applicable to a wide range of important services, including nursing and physician services, counseling and social work, psychological and psychiatric services, surgery, and the provision of pharmaceuticals. The law further takes steps to protect any medical practitioner or healthcare institution from suffering any consequences — whether civil, criminal, or administrative — for declining to participate in or pay for critical healthcare. Although HB 110 does contain a provision that suggests medical practitioners should try to transfer a patient where appropriate, the law offers no real protection because the language is discretionary and does not require action to help the patient.

In enacting AB 1887, the California Legislature determined that California must take action to avoid supporting or financing discrimination against lesbian, gay, bisexual, and transgender Americans. To that end, the law restricts state agencies, departments, boards, or commissions from authorizing state-funded travel to a state that — after June 26, 2015 — has enacted a law authorizing, or repealing existing protections against, discrimination on the basis of sexual orientation, gender identity, or gender expression. Each applicable California agency is responsible for consulting the AB 1887 list created by the California Department of Justice to comply with the travel and funding restrictions imposed by the law.

For additional information on AB 1887, including the list of states subject to its provisions, visit: https://oag.ca.gov/ab1887.