A Kentucky federal judge has ruled that the state can temporarily enforce its law prohibiting puberty blockers and hormone therapy for transgender minors while the state appeals his previous injunction against the law. Last month, U.S. District Judge David Hale deemed the ban likely unconstitutional. However, due to a recent pause on a similar order in Tennessee by the federal appeals court overseeing the case, Judge Hale felt compelled to suspend his own order.
Kentucky Attorney General Daniel Cameron welcomed the decision as a victory for parents and children. Conversely, families of transgender children challenging the law argue that losing access to these medical treatments will cause irreparable harm. Corey Shapiro, legal director of the American Civil Liberties Union of Kentucky, representing the families, stated that while this isn't the final decision, they are optimistic about a favorable outcome after a complete briefing.
Kentucky and Tennessee are among twenty states, all with Republican-led legislatures, that have enacted laws prohibiting the use of puberty blockers and hormones for gender transition in minors. These treatments, referred to as gender-affirming care, have the support of major U.S. medical associations. However, proponents of the bans argue that these treatments are experimental and pose risks to children.
Both the Kentucky and Tennessee laws, now reinstated, were initially blocked by federal judges on June 28th in response to lawsuits filed by families of transgender children. These families contend that the laws discriminate against transgender individuals and infringe upon parental rights to make medical choices for their children. On July 8th, the 6th U.S. Circuit Court of Appeals, which handles cases from both states, granted Tennessee's request for an emergency order reinstating its law pending appeal.
Judge Hale acknowledged his "difference of opinion" with the appeals court but saw no reason to treat Kentucky's case differently. The 6th Circuit plans to review both cases concurrently, aiming for a decision by September 30th. Similar bans on transgender healthcare for minors have been blocked by federal courts in Arkansas, Alabama, Florida, and Indiana.
