Judges block youth transgender care bans in Kentucky, Tennessee

by Nick Robertson - 06/29/23 10:44 AM ET

FILE – Protesters of Kentucky Senate bill SB150, known as the Transgender Health Bill, cheer on speakers during a rally on the lawn of the Kentucky Capitol in Frankfort, Ky., March 29, 2023. Several families on Wednesday, May 3, 2023, challenged Kentucky’s ban on gender-affirming care for transgender youths, claiming the prohibition interferes with parental rights to seek established medical treatment for their children. (AP Photo/Timothy D. Easley, File)

Federal judges in Kentucky and Tennessee blocked parts of state laws that ban gender-affirming care for minors on Wednesday.

In both states, bans on hormone therapy and providing puberty-blocking medication were stopped. In Tennessee, a ban on gender-affirming surgery for minors will be allowed to go into effect, while surgery was not considered in the Kentucky case.

“These drugs have a long history of safe use in minors for various conditions. It is undisputed that puberty-blockers and hormones are not given to prepubertal children with gender dysphoria,” said Kentucky U.S. District Judge David Hale in his ruling.

The American Civil Liberties Union (ACLU) was involved in both lawsuits.

“This is a critical victory for transgender youth, their families, and their medical providers across the state,” ACLU attorney Joshua Block said in a statement. “Across the country, we’re seeing a clear and unanimous rejection of these laws as unconstitutional, openly discriminatory, and a danger to the very youth they claim to protect.”

Bans on gender-affirming care have already been stopped by courts in Arkansas, Alabama, Indiana and Florida. The Arkansas ruling this month is the first to strike down a gender-affirming care ban on the merits.

Both rulings Wednesday found bans on the procedures interfered with a parent’s rights to pursue necessary medical assistance for their children.

The Kentucky law was set to go into effect Thursday, and the Tennessee law Saturday.

Kentucky Gov. Andy Beshear (D) vetoed his state’s measure in March, but the veto was overturned by the state’s GOP-controlled legislature. Kentucky Attorney General Daniel Cameron, a Republican who has endorsed the measure and is running against Beshear for the governorship this year, criticized the decision.

“Today’s misguided decision by a federal judge tramples the right of the General Assembly to make public policy for the Commonwealth,” Cameron said in a Wednesday statement.

“There is nothing ‘affirming’ about this dangerous approach to mental health, and my office will do everything in its power to defend this law passed by our elected representatives,” he added.

Gender-affirming care like hormone therapy and puberty blockers are generally considered safe and have been endorsed by major medical groups including the American Academy of Pediatrics, the American Medical Association and the Endocrine Society.

More than 20 states have passed laws restricting access or banning the procedures. On Wednesday, a similar ban cleared the North Carolina legislature.