Judges Block Transgender Care Bans For Minors In Kentucky And Tennessee

This blog originally appeared at The New York Times.

The recent court rulings mark another victory for advocates of transgender rights, who are actively seeking to overturn newly enacted state laws prohibiting gender-transition care.

On Wednesday, federal judges in Kentucky and Tennessee temporarily halted laws prohibiting gender-transition care for minors, marking another pause in a series of legal interventions against legislation targeting transgender individuals.

Judge David J. Hale of the U.S. District Court for the Western District of Kentucky issued the first ruling, temporarily blocking sections of a Kentucky law that restricted the prescription and delivery of puberty blockers and hormone therapy to transgender youth. The decision allows healthcare options for transgender minors to remain accessible in the state while legal proceedings unfold. While most parts of the law took immediate effect upon passage, certain provisions were scheduled to come into force on Thursday.

Later that day, Judge Eli J. Richardson from the Middle District of Tennessee issued a comparable ruling to safeguard access to such treatments in the state, just days before Tennessee’s law was slated to take effect on Saturday. In a detailed 69-page decision, Judge Richardson highlighted that similar bans on puberty blockers and hormone therapy, when contested, had been either temporarily or permanently halted.

“The court acknowledges that today’s ruling may further intensify the already contentious debate surrounding the rights of transgender individuals in American society, balancing against the states’ authority to regulate certain activities within their borders and protect minors,” wrote Judge Richardson, appointed to his position by former President Donald J. Trump. “However, the court is not alone in its decision.”

Transgender youth and their advocates have resorted to legal action to prevent laws they argue will profoundly impact the health and well-being of young people. Their major win came recently when a federal judge in Arkansas overturned the nation’s inaugural law banning transition care, deeming it discriminatory and unconstitutional.

A spokesperson for Jonathan Skrmetti, Tennessee’s attorney general, stated that the office plans to appeal the court’s decision. Meanwhile, Daniel Cameron, Kentucky’s attorney general and the state’s Republican gubernatorial candidate, pledged to persist in defending his state’s law, criticizing the ruling as “misguided” and an infringement on the Kentucky legislature’s right to determine public policy.

Although Judge Richardson hinted at the possibility of the state prevailing in the ongoing legal battle for a permanent ban, both judges noted that the groups challenging the laws had effectively presented their arguments regarding constitutionality and discrimination.

“Tennessee must regulate access to medical procedures within the bounds of the United States Constitution,” Judge Richardson emphasized.

Judge Hale, appointed to his role by former President Barack Obama, criticized Kentucky for presenting “superficial arguments to the contrary, none of which are persuasive” against claims of unconstitutionality. He also noted instances of “unnecessarily inflammatory language” used in their defense.

Both judges highlighted the failure of the states to demonstrate that treating transgender youth with puberty blockers and hormone therapies posed significant risks or lacked sufficient evidence. They referenced the consensus among major health organizations affirming the safety of transition care for teenagers. However, Republicans contend that it’s too risky for anyone under 18.

Conservatives nationwide have made legislation on gender-transition care a priority. Tennessee Republicans designated their measure as the first House and Senate bill this session, restricting health care providers from offering new transition care to minors after July 1 and terminating existing care for current patients by March 2024.

In Kentucky, lawmakers bundled numerous restrictions into a single bill, described by L.G.B.T.Q. rights groups as among the most extreme anti-transgender bills in the country. The law, known as S.B. 150, prohibits doctors from providing gender-transition surgery or administering puberty blockers or hormone therapy to individuals under 18.

Sections of the Kentucky law that remain effective include regulations preventing school districts from mandating or suggesting that students be referred to by pronouns inconsistent with their biological sex. Additionally, it bars transgender students from using restrooms aligning with their gender identities.

The law also prohibits the teaching of sexuality-related topics before sixth grade and specifically bans lessons on gender identity or sexual orientation at any grade level, among other restrictions.

This bill was passed by the Republican-controlled legislature in March but was vetoed by Governor Andy Beshear, a Democrat seeking re-election, who criticized it for excessive government intrusion into personal health care matters. Nevertheless, the legislature successfully overturned his veto.

Both states will now see the implementation of bans on transition surgeries for minors. In Tennessee, the plaintiffs did not seek to safeguard access to these surgeries in their legal challenge. Meanwhile, in Kentucky, the American Civil Liberties Union of Kentucky did not contest this particular aspect of the law.

Judge Blocks Kentucky’s Transgender Care Ban for Minors https://www.nytimes.com/2023/06/28/us/kentucky-transgender-ban-blocked.html?smid=nytcore-android-share