COLUMBUS, Ohio — The state attorney general’s office wants Franklin County common pleas judge to dismiss the SAFE Act trial. 

That request came at the start of the day Wednesday, even before the defense called its first witness.

“We do not think the evidence is substantial to continue with this trial. We do not think plaintiffs have met their burden, which is the same burden as a criminal trial. Plaintiffs need to prove beyond a reasonable doubt that the statute is unconstitutional,” said Deputy Attorney General for the Ohio Attorney General’s office, Erik Clark. 

Clark also calling on the judge to strike testimony that came from the plaintiff’s expert witnesses, describing it as hearsay.

It’s something the ACLU objects to.

“The plaintiffs experts did not come here to testify that one person’s conduct proximately caused another’s injury. This is a challenge to the constitutional constitutionality of a statute, as the court is well aware, and the medical expert testimony goes to whether the state has adequate justification for the law under the applicable degree of constitutional scrutiny. That is the nature of their opinions,” said Deputy legal director of the ACLU, David Carey. 

Judge Michael Holbrook has yet to rule on the request, saying that he will come by noon on Thursday. As for its witnesses, the defense called Dr. James Cantor, a clinical psychologist and sex researcher who believes gender dysphoria is a mental health issue and should be treated with mental health services.

“Because all of these kids are exhibiting substantial amounts of distress, mental health distress they deserve and merit, mental health treatment,” said Cantor.

If the case doesn’t get dismissed on Thursday, the defense is expected to call four more witnesses.