LOUISVILLE, Ky. — On Friday, lawyers representing the ACLU of Kentucky and the state gave oral arguments to a panel of three federal judges concerning gender transition care for minors.

What You Need To Know

  • Both the state and the ACLU of Kentucky delivered oral arguments in their lawsuit over SB150 Friday

  • The ACLU wants the section of the new law concerning gender transition care for minors ruled unconstitutional

  • They are hoping an appeals court will temporarily block its enforcement while their legal battle continues

  • They’re hopeful a decision will be made by the end of September

This hearing, with the 6th Circuit U.S. Court of Appeals, is over the ACLU’s lawsuit asking to temporarily block the state’s ban on those procedures while their legal proceedings play out over the coming months.

This year the state legislature passed the anti-transgender Senate Bill 150, which included banning minors from being prescribed puberty blockers or hormone therapy.

Supporters of SB 150 say it is to protect children. Opponents believe a lack of access to them will negatively affect a patient’s life.

“The reality of this is what Kentucky has done has chosen a particular condition and has chosen particular treatments for that condition and restricted that. That is not a sex discrimination issue. That’s regulating the practice of medicine,” Matthew Kuhn, Solicitor General of Kentucky, said in his oral arguments.

Kuhn argues the state has the authority to regulate what medical procedures can take place. The ACLI says this is government overreach.

“Politicians should not be making medical decisions for kids and for, and in contravention of what parents and the medical experts all believe is the best course for people who need this treatment,” Corey Shapiro, legal director for ACLU Kentucky said.

Following Friday’s arguments, the appeals court will decide if the temporary pause will be granted. Shapiro adds he’s hopeful the court will reach a decision soon.

“The court indicated that it would attempt to rule by the end of September with its goal. So all of the proceedings up to now had been relatively expedited compared to a typical appeal,” Shapiro said. “So the court has been moving this at a faster pace than a typical appeal.”

In late June, a federal judge did side with the ACLU of Kentucky and temporarily blocked the ban on gender transition care. However, just a few weeks later, the judge reversed that decision after a similar ruling was made in Tennessee. 

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