A judge’s temporary order removed on May 1st, and a federal appeals court granted Indiana’s restrictions on gender-affirming care on Tuesday.
A panel of judges on the 7th Circuit Court of Appeals in Chicago handed down the decision. The restrictions, which were passed last spring as part of a nationwide drive by GOP-led legislatures to restrict LGBTQ+ rights, were the most recent legal challenge the American Civil Liberties Union of Indiana filed against.
The statute was scheduled to take effect on July 1, 2023. However, a judge for the U.S. District Court, James Patrick Hanlon, issued an injunction the fortnight before that stopped the majority of it from being effective. Hanlon allowed the government’s ban on gender-affirming surgeries to become effective, but the state prohibited the law from allowing minors to access hormone therapies and puberty blockers.
Additionally, Hanlon’s ruling blocked measures that would prevent Indiana doctors from consulting with out-of-state doctors about gender-affirming treatment for patients younger than 18 in the wake of their orders.
The ACLU of Indiana referred to the appeals court’s decision as “heartbreaking” for transgender children, their doctors, and their families in a written statement released on Tuesday.
“We want all of Indiana’s transgender children to know that this fight is not over as we and our clients consider our next steps,” the statement read. “We will continue to challenge this law until it is overturned for good, and Indiana becomes a safer place for every home.”
Two justices were appointed by a Republican president and one by a Democrat to make up the three-judge panel that issued Tuesday’s order. Kenneth F. Ripple was appointed by former Republican President Ronald Reagan, Michael B. Brennan by former Republican President Donald Trump, and Candace Jackson-Akiwumi by recent Democratic President Joe Biden.
On behalf of four children who are receiving gender-affirming treatments and an Indiana doctor who provides such treatment, the ACLU of Indiana brought the lawsuit. The lawsuit claimed that the restrictions may violate the equal protection clause of the U.S. Constitution and violated the parents’ right to decide on health care for their children.
Every major medical association, including the American Academy of Pediatrics and the American Medical Association, has criticized the limits enacted by at least 23 states and argued that gender-affirming care for adolescents is safe if provided properly.
The state’s only hospital-based gender health program, Indiana University Health Riley Children’s Hospital, informed legislators earlier last year that doctors do not perform genital surgeries on minors or provide referrals for them. The ACLU’s lawsuit was not brought by IU Health.
In a post on X, formerly known as Twitter, on Tuesday night, Indiana Attorney General Todd Rokita described the state law as “common sense.”
The majority of the restrictions on gender-affirming care for adolescents that have been passed in the United States have been challenged by lawsuits. A federal judge ruled Arkansas’ ban as unconstitutional. Idaho and Montana’s enforcement of the bans is partially blocked by judges’ orders.
Alabama, Arkansas, Arizona, Florida, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Carolina, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Texas, Utah, and West Virginia are the states that have passed laws that restrict or prohibit gender-affirming health care for transgender adolescents.
