Kentucky's ban on gender-affirming care takes effect as federal judge lifts injunction

Jul 14, 2023

Kentucky’s ban on gender-affirming care for young transgender people has been restored by a federal judge

LOUISVILLE, Ky. (AP) — Kentucky's ban on gender-affirming care for young transgender people was restored Friday when a federal judge lifted an injunction he issued last month that had temporarily blocked the restrictions.

The latest ruling by U.S. District Judge David Hale means the Kentucky prohibition takes effect, preventing transgender minors from accessing puberty blockers and hormone therapy.

Kentucky Republican attorney general, Daniel Cameron, had asked that the injunction be lifted. He applauded the ruling, while transgender rights advocates denounced it.

"What the courts are allowing to happen to LGBTQ people right now is an American tragedy, one that will besmirch the legacy of every judge who has opened the door to LGBTQ discrimination,” said Chris Hartman, executive director of the Fairness Campaign, a Kentucky-based LGBTQ+ advocacy group.

Hale’s reversal of his

own order

came nearly a week after the U.S. Sixth Circuit Court of Appeals

overturned a similar temporary injunction

halting enforcement of a similar law in

Tennessee.

In the Kentucky case, seven transgender children and their parents have sued to block the law. They argue that it violates their constitutional rights and interferes with parental rights to seek established medical treatment for their children.

Corey Shapiro, legal director for the American Civil Liberties Union of Kentucky, said Friday that the latest ruling “is not the final word” on the matter.

Last month, Hale's injunction blocking portions of the new Kentucky law came a day before the measure was to take effect. At the time, the judge said the plaintiffs showed “a strong likelihood of success on the merits” of their constitutional challenges.

At least 20 states have now enacted laws restricting or banning gender-affirming medical care for transgender minors, and most of those states face lawsuits. A federal judge

struck down Arkansas’ ban

as unconstitutional, and federal judges have temporarily blocked bans in

Alabama

and Indiana.

Oklahoma

has agreed to not enforce its ban while opponents seek a temporary court order blocking it. A federal judge has

blocked Florida

from enforcing its ban on three children who have challenged the law.

The states that have enacted laws restricting or banning gender-affirming medical care for transgender minors: Alabama, Arkansas, Arizona, Florida, Georgia, Idaho, Indiana, Iowa, Kentucky, Mississippi, Missouri, Montana, Nebraska, North Dakota, Oklahoma, Tennessee, Texas, Utah, South Dakota and West Virginia.

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