KENTUCKY — Gender-affirming health care for transgender youth is once again banned in Kentucky after a federal judge reversed his earlier injunction on part of Senate Bill 150.
What You Need To Know
- Gender-affirming health care for transgender youth is once again banned in Kentucky after a federal judge reversed his earlier injunction on part of Senate Bill 150
- U.S. District Judge for the Western District of Kentucky David Hale, the same judge who blocked the portion of Senate Bill 150 concerning gender-affirming care in the state, granted a stay of the temporary injunction
- Attorney General Daniel Cameron, who challenged Hale's initial ruling, hailed the news Friday as a "win for parents and children"
- The ACLU of Kentucky said the ruling is "not the final word," as their appeal is pending in front of the Sixth Circuit
U.S. District Judge for the Western District of Kentucky David Hale, the same judge who blocked the portion of Senate Bill 150 concerning gender-affirming care in the state, granted a stay of the temporary injunction on Friday.
That leaves Senate Bill 150 operating in full effect.
“Today’s ruling is a win for parents and children. I’m grateful to the district court for doing what the law requires, which is protecting Kentucky kids from the irreversible harms that these experimental drug treatments would cause,” said Attorney General Daniel Cameron (R).
The ACLU of Kentucky blasted Hale's opinion and dismissed it as "not the final word."
“While we strongly disagree with this opinion, it is only in effect while our appeal is pending in front of the Sixth Circuit,” said Corey Shapiro, legal director for the ACLU of Kentucky. “It is not the final word, and we remain optimistic that with a full briefing we will achieve a positive result.”
The General Assembly passed SB 150 during the 2023 Regular Session. Gov. Andy Beshear (D) vetoed the sweeping legislation, and the General Assembly overrode his veto by overwhelming margins.
Lawyers from the ACLU and the National Center for Lesbian Rights sued to block enforcement of a section of the law that would revoke the licenses of physicians who perform gender-affirming care on minors.
The Kentucky case, Doe v. Thornbury, is proceeding under expedited review, the ACLU said.
Hale, an Obama administration appointee, sided with seven transgender minors and their parents in late June, who sued the state officials responsible for enforcing the provisions banning the use of puberty blockers and hormones. Hale said the plaintiffs showed “a strong likelihood of success on the merits” of their constitutional challenges.
The plaintiffs contend the ban would violate their constitutional rights and interfere with parental rights to seek established medical treatment for their children.
Cameron called Hale’s initial decision “misguided,” saying it “tramples the right” of state lawmakers to make public policy.
At least 20 states have enacted laws restricting or banning gender-affirming medical care for transgender minors, and most of those states face lawsuits.
The Associated Press contributed to this report.