In a 2-1 decision by a 6th U.S. Circuit Court of Appeals panel late Thursday, the majority wrote that elected lawmakers made “precise cost-benefit decisions” in instituting the bans and “did not trigger any reason for judges to second-guess them.” The laws were passed by Republican majorities in both states.
In dissent, Judge Helene White wrote that the laws “discriminate based on sex and gender conformity and intrude on the well-established province of parents to make medical decisions for their minor children.” “While it is disheartening that the panel believes it is constitutional for the government to prohibit transgender youth from accessing such necessary health care, this is only a temporary setback,” said Corey Shapiro, legal director for the American Civil Liberties Union of Kentucky, one of the legal groups leading the lawsuit there. “We will continue fighting to restore that care permanently in the commonwealth.
In initial rulings months ago in Kentucky and Tennessee, trial court judges had blocked portions of the laws that would have banned transgender youth from accessing puberty blockers and hormone therapy. Tennessee appealed and the 6th Circuit panel gave the state permission to begin enforcing the law. Seeing that decision, the federal district judge in Kentucky sided with state officials and let that law take effect, as well.
The families, all from the Lexington area, are asking a judge to block those provisions of Kentucky’s transgender law. In May, Oklahoma agreed to not enforce its ban while opponents seek a temporary court order blocking it.
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