Kentucky ban on youth gender-affirming care blocked

LOUISVILLE, KY (CN) — A federal judge Wednesday temporarily blocked a state law that bans most forms of gender-affirming care for minors.

In his 15-page ruling, U.S. District Court Judge David Hale found that the seven transgender minors who challenged parts of a law known as Kentucky Senate Bill 150 had shown a likelihood of success on the merits of their case.

SB 150 specifically bans hormone treatments and puberty blockers for use by transgender minors with gender dysphoria but does not restrict the drugs for other uses.

The law was originally passed in March, and later that month Republican lawmakers voted to override the veto from Kentucky’s Democrat Governor Andy Beshear.

“Senate Bill 150 allows too much government interference in personal healthcare issues and rips away the freedom of parents to make medical decisions for their children," wrote Beshear.

The plaintiffs filed their lawsuit in May and sought an injunction against SB 150 and a declaration that the ban on gender-affirming care is unconstitutional.

“The Ban does nothing to protect the health or well-being of minors and lacks any constitutionally sufficient justification. To the contrary, the Ban undermines the health and wellbeing of transgender minors by denying them essential medical care,” the lawsuit stated.

In his ruling, Hale cited evidence that the banned drugs have a long history of being safe, and said the law should be temporarily blocked as the case continues in order to prevent the plaintiffs from losing access to their medical care.

“If allowed to take effect, SB 150 would eliminate treatments that have already significantly benefited six of the seven minor plaintiffs and prevent other transgender children from accessing these beneficial treatments in the future,” Hale wrote. “It should go without saying that enjoining enforcement of SB 150 will not result in any child being forced to take puberty-blockers or hormones; rather, the treatments will continue to be limited to those patients whose parents and healthcare providers decide, in accordance with the applicable standard of care, that such treatment is appropriate.”

Hale rejected an argument from the state that requested any injunction only apply to the plaintiffs of the lawsuit and found that such a narrow ruling would be inappropriate.

Shannon Minter, the legal director of the National Center of Lesbian Rights championed Hale’s ruling.

“This decision is a huge relief for the families targeted by this unnecessary and harmful law, which prevents doctors from doing their jobs and parents from making medical decisions for their own children. We are grateful that the court carefully considered all of the evidence and recognized that there is no support for this dangerous and unprecedented law,” Minter said in a statement.

Kentucky Attorney General Daniel Cameron criticized the ruling.

“Today’s misguided decision by a federal judge tramples the right of the General Assembly to make public policy for the Commonwealth. Senate Bill 150 is a commonsense law that protects Kentucky children from unnecessary medical experimentation with powerful drugs and hormone treatments,” Cameron said in a statement.

Similar laws in Indiana and Arkansas have also been blocked by federal judges this month.