Topline
A federal judge on Friday blocked enforcement of Indiana’s ban on gender-affirming care for minors but upheld the ban on gender reassignment surgery, after nearly half of all U.S. states have passed restrictions on care for trans youth in recent months amid a major push by Republicans nationwide.
Gov. Eric Holcomb (R-Ind.) had signed Indiana’s ban on gender-affirming care in April.
Key Facts
In a preliminary injunction, U.S. District Court Judge James Patrick Hanlon ordered all defendants, officers, agents, employees, servants and attorneys to be restrained from enforcing the state’s ban on physicians or medical practitioners who provide “gender transition procedures,” with the exception of gender-reassignment surgery.
Hanlon’s injunction also blocks enforcement on physicians or practitioners who aid or abet in providing gender-affirming care, including by making referrals, or providing medical records and information to patients.
The ban had been set to take effect on July 1 after Gov. Eric Holcomb (R-Ind.) signed the ban into law in April, becoming the 14th state with such a ban — there are now 20 states that have passed bans and another seven with legislation under consideration (Forbes has compiled a list of states with restrictions on transgender healthcare).
The injunction will mean minors in Indiana can continue receiving gender-affirming care while the lawsuit brought by the American Civil Liberties Union of Indiana, makes its way through the courts.
Under the Indiana law, healthcare providers in the state would be prohibited from “knowingly” providing the care—including hormonal therapy, puberty blockers and gender-reassignment surgeries—to minors.
Crucial Quote
Ken Falk, legal director for the ACLU of Indiana, which had requested a preliminary injunction to stop the law from taking effect, called the decision a “victory” and a “testament to the trans youth of Indiana, their families, and their allies, who never gave up the fight to protect access to gender-affirming care.”
Chief Critic
Although transgender healthcare, as well as trans access in public bathrooms and in youth sports, have become a hot-button GOP issue, several medical associations have condemned the bans and argued the procedure is safe. The American Medical Association this week doubled down on its stance, passing a resolution to “protect access to evidence-based gender-affirming care—the AMA previously said medical care should be kept within the “sanctity of the patient-physician relationship,” while the American Academy of Pediatrics has said transgender youth face a disproportionately high level of not only harassment, but homelessness, physical violence and substance abuse.
Further Reading
Missouri Bans Gender-Affirming Care For Minors—Here Are All The States With Similar Bans Or Restrictions (Forbes)
Indiana Becomes 14th State To Ban Gender-Affirming Care—Despite GOP Governor’s Concerns About ‘Vagueness’ (Forbes)
Source: https://www.forbes.com/sites/brianbushard/2023/06/16/federal-judge-blocks-indianas-ban-on-gender-affirming-care-but-upholds-ban-on-reassignment-surgery/