In a recent ruling, a federal judge in Kentucky has permitted the state to enforce its law banning the use of puberty-blocking drugs and hormones for transgender children, while it appeals his earlier order blocking the law. This decision comes after U.S. District Judge David Hale acknowledged that the ban likely violated the U.S. Constitution, but had to temporarily suspend his order due to a similar order being paused in Tennessee by the federal appeals court. Kentucky Attorney General Daniel Cameron, a Republican, hailed the decision as “a win for parents and children.”
The law, which is being challenged by families of transgender children, raises concerns about the potential irreversible harm caused by denying access to necessary medical treatments. Corey Shapiro, legal director of the American Civil Liberties Union (ACLU) of Kentucky, expressed optimism despite the setback, stating that Hale’s decision is not the final word and they remain hopeful for a positive outcome with a full briefing.
Kentucky and Tennessee are among the 20 states with Republican-controlled legislatures that have enacted laws prohibiting the use of puberty blockers and hormones in gender transition treatments for patients under 18. These treatments, known as gender-affirming care, are supported by major U.S. medical associations. However, proponents of the bans argue that they are experimental and pose risks to children’s well-being.
Both the Kentucky and Tennessee laws were initially blocked by federal judges on June 28 following lawsuits filed by families of transgender children. These families contend that the laws discriminate against transgender individuals and infringe upon parents’ rights to make medical decisions for their children. On July 8, the 6th U.S. Circuit Court of Appeals, responsible for cases from both states, granted Tennessee’s motion for an emergency order reinstating the law while it undergoes an appeal process.
Despite his differing opinion with the appeals court, Judge Hale stated that he found “no basis” to treat Kentucky’s case differently. The 6th Circuit has committed to considering the two cases collectively and aims to reach a decision by September 30. It is worth noting that federal courts in Arkansas, Alabama, Florida, and Indiana have also blocked similar bans on transgender healthcare for minors, indicating the ongoing legal battle surrounding this issue.
