Judge Compares Gender-Affirming Care to Cigarettes and Alcohol While Upholding Youth Ban

This blog is originally appeared at LGBTQ Nation.

The nine-day trial featured witnesses with varying levels of credibility.

A Missouri county judge has upheld the state’s ban on gender-affirming care for minors.

In a 74-page ruling issued on Monday, Wright County Circuit Court Judge Craig Carter stated, “If we don’t let a 16-year-old buy a six-pack of beer and a pack of cigarettes, or allow an adult to purchase them for the teen, should we permit the same child and parent to decide to permanently alter the teenager’s sex?”

The restrictions on gender-affirming care, passed by Missouri lawmakers in 2023, prohibit minors from using hormones, puberty blockers, and undergoing gender-affirming surgeries. The law also blocks state funding for gender-affirming care for adults through Medicaid and for incarcerated individuals in state prisons.

The ACLU of Missouri and Lambda Legal have promised to appeal the ruling.

Judge Craig Carter acknowledged the “ethical minefield” of the case, writing that “the medical profession stands in the middle” with “scant evidence to lead it out.”

The nine-day trial featured witnesses of varying credibility, with the state’s Solicitor General Joshua Divine introducing partisan politics into the proceedings. Some experts presented research that had been retracted, which the plaintiffs argued was problematic. Divine maintained that the scientific community had dismissed the research due to “cancel culture.”

Carter’s ruling was partly based on testimony from Jamie Reed, a whistleblower who previously worked at the Washington University Transgender Center at St. Louis Children’s Hospital. Reed’s affidavit helped inspire the gender-affirming care ban. She testified that the hospital treated many patients with mental health issues without comprehensive psychological evaluations. There was disagreement at trial over whether a licensed therapist’s evaluation was sufficient for gender-affirming care, or if a psychologist or psychiatrist was required.

The judge found Reed’s testimony credible, noting, “Her testimony does not arise from any ideological or other bias.” He also pointed out that Reed is married to a transgender individual.

Reed is now the executive director of the LGBT Courage Coalition, an advocacy group that opposes gender-affirming care for minors. The day before she testified, her partner announced he was discontinuing testosterone treatments and “detransitioning.”

While Carter accepted Reed’s credibility, he was less convinced by some of the plaintiffs’ witnesses. He expressed concerns about deferring to organizations like WPATH, which the plaintiffs relied on. WPATH, the World Professional Association for Transgender Health, is a professional group that sets standards for gender-affirming care, but Carter noted that it self-describes as being “committed to advocacy.”

Ultimately, Carter’s ruling emphasized U.S. Supreme Court precedent that grants lawmakers broad discretion in areas “fraught with medical and scientific uncertainty.” He concluded that there is “an almost total lack of consensus as to the medical ethics of adolescent gender dysphoria treatment,” and therefore, the state legislature has the authority to ban the care.

Federal court clears the way for Indiana’s gender-affirming care ban to take effect

This blog is originally appeared at LGBTQ Nation

The Trump-appointed judge argued that trans youth can still access talk therapy, suggesting that treatment options remain available to them.

A three-judge panel from the United States Court of Appeals for the Seventh Circuit has approved the implementation of Indiana’s ban on gender-affirming care for minors.

The law, signed by Governor Eric Holcomb (R) in April 2023, prohibits doctors from prescribing puberty blockers and hormone therapy to transgender minors. Despite acknowledging that the bill was “clear as mud,” Holcomb still signed it into law. The bill passed with overwhelming support in both chambers of the state legislature, giving lawmakers the ability to override a potential veto.

The ACLU of Indiana filed a lawsuit on behalf of four families to prevent the law from taking effect, and a district court judge issued a preliminary injunction to halt its implementation while the case proceeded through the legal system.

The state appealed this injunction to the Seventh Circuit, which lifted it in February and has now issued its final ruling against it. The judges concluded that the district court was wrong to claim that the law would cause “irreparable harm” to transgender youth forced to detransition, arguing that “psychotherapy and parasocial support” could serve as alternatives to gender-affirming care for treating gender dysphoria.

Judge Michael Brennan, appointed by Donald Trump, wrote, “It might be different if Indiana barred all treatment for gender dysphoria, but SEA 480 does no such thing.”

All major medical organizations in the U.S. endorse gender-affirming care as safe and effective.

The majority of the panel also ruled that the state law does not violate the due process or equal protection rights of transgender youth, noting that both transgender boys and girls are prohibited from accessing gender-affirming care.

Brennan wrote, “So, sex does not indicate on what basis treatment is prohibited. The law does not create a class of one sex and a class of another and deny treatment to just one of those classes.”

This argument hinges on not recognizing transgender people as a distinct class. Cisgender youth are still permitted to access gender-affirming care under the law, which specifically bans certain treatments only when used to alter someone’s appearance to “resemble a sex different from the individual’s sex” assigned at birth.

Judge Candace Jackson-Akiwumi, appointed by President Joe Biden, dissented from Brennan’s decision, while Judge Kenneth Ripple, appointed by Ronald Reagan, joined Brennan in the 2-1 ruling.

“We are disappointed and are considering our options,” said Kenneth Faulk of the ACLU of Indiana.

Indiana Attorney General Todd Rokita (R) praised the decision, citing God in his statement.

“The Seventh District Court of Appeal’s decision today is a huge win for Hoosiers and will help protect our most precious gift from God — our children,” he said.

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