A federal appeals court has ruled that Kentucky can enforce its ban on gender-transition care for young transgender individuals while the case is being litigated. The decision was made by the Sixth U.S. Circuit Court of Appeals in Cincinnati, which previously ruled in a similar case in Tennessee.
Kentucky’s law, passed this year despite the veto from Democratic Governor Andy Beshear, prohibits transgender minors from accessing puberty blockers and hormone therapy. This ban is part of a growing trend, as at least 20 states have enacted laws that restrict or ban gender-affirming medical care for transgender minors.
Previously, a U.S. District Judge had blocked Kentucky from enforcing the ban, but that injunction was lifted after the Sixth Circuit’s ruling in the Tennessee case. The Kentucky law is now being challenged by seven transgender children and their parents, who argue that it violates their constitutional rights and interferes with parental rights.
In their ruling, the majority of judges on the panel stated that the issues in Kentucky are essentially the same as those in Tennessee, and that decisions on emerging policy issues like transgender care should be left to legislatures rather than judges.
The dissenting judge pointed out that Kentucky’s ban does not include a grace period for patients who are already receiving care, unlike the Tennessee law. This judge argued that an injunction is necessary to protect individuals who would be impacted by the ban.
Overall, this decision sets a precedent for other states considering similar bans and raises important questions about the role of legislation versus judicial decision-making in controversial areas of healthcare.
