In a landmark decision, Utah Judge Keith Kelly has ruled that the state can access the private medical records of two transgender minors who are currently suing to overturn the state’s controversial anti-trans sports ban. The ruling, which has garnered significant attention, allows the state to examine the medical records of the two transgender girls in order to assess how the sports ban has impacted their mental health and overall well-being. Judge Kelly maintained that these records are crucial to addressing the central issues of the case.
The girls’ legal representatives have raised concerns about the release of their mental health records, arguing that such intimate conversations with therapists should remain private, especially since they may encompass topics beyond gender identity. However, Judge Kelly disagreed, emphasizing that the mental health of the plaintiffs is directly relevant to their claim that the sports ban has caused them emotional harm. As a result, he ordered the disclosure of the girls’ records spanning the last seven years.
Back in August 2022, Judge Kelly issued an injunction against the anti-trans sports ban, permitting transgender student-athletes to continue participating in school sports. He argued that the ban undermines their educational opportunities and exacerbates the stigma against transgender children. Notably, this injunction forms the foundation of the case, leading Judge Kelly to assert that access to the girls’ medical records is essential, as it directly affects their health.
Judge Kelly assured that the records would remain “highly confidential” and designated for “attorney’s eyes only.” The admissibility of these records in the forthcoming trial is yet to be determined.
The anti-trans sports ban, titled H.B. 11, was passed in Utah in March 2022 when GOP lawmakers overrode Republican Gov. Spencer Cox’s veto. The law restricts transgender athletes from competing on sports teams corresponding to their gender identity. While supporters argue it preserves fair competition, Gov. Cox, who initially vetoed the bill, believed it targeted a vulnerable community. He advocated for a case-by-case approach to transgender girls’ participation in school sports and encouraged understanding and compassion towards the transgender community.