Indiana Appeals Court Removes Injunction on Law Banning Gender-Transitioning Treatments for Minors
Indiana can now enforce a law banning minors from seeking gender-transitioning treatments after a federal appeals court ruled to remove a temporary injunction issued by a judge last year, which kept the ban from going into effect last summer.
The decision was made by a three-judge panel from the 7th Circuit Court of Appeals in Chicago. Two of the judges were appointed by presidents Reagan and Trump, while the third judge was appointed by President Biden.
Background of the Law and Lawsuit
The bill, signed by Republican Gov. Eric Holcomb on April 5, 2023, was set to become law on July 1, 2023. However, it was blocked by a judge a month prior following a lawsuit filed by the American Civil Liberties Union (ACLU) of Indiana. U.S. District Court Judge James Patrick Hanlon issued the injunction, which halted the parts of the law prohibiting minors from accessing hormone therapies and puberty blockers, as well as prohibiting Indiana doctors from communicating with out-of-state doctors about transgender-related treatments for minors. The law’s ban on gender-transitioning surgeries for minors was still allowed to take effect.
ACLU’s Response and Next Steps
The ACLU of Indiana expressed disappointment in the appeals court’s ruling, calling it “heartbreaking” for transgender minors, their families, and doctors. They vowed to continue challenging the law until it is permanently defeated. The organization filed the lawsuit last year on behalf of four minors undergoing gender-transitioning treatments and a doctor providing such care. They argued that the ban violates the Constitution’s equal protection guarantees and strips parents of the right to make medical decisions for their children.
Indiana Attorney General’s Response
Indiana Attorney General Todd Rokita, on the other hand, praised the court’s decision. He described Indiana’s law as a “commonsense state law” that aims to protect minors from “dangerous and irreversible gender-transition procedures.” Rokita criticized those who support such procedures, referring to them as “radicals” who push the practice on children for ideological and financial reasons.
Medical Groups’ Position
The American Academy of Pediatrics and the American Medical Association, along with other medical groups, argue that minors can safely seek gender-transitioning treatments if administered properly. Representatives from Riley Hospital for Children in Indianapolis, the state’s only hospital-based gender health program, stated that they do not perform or provide referrals for genital surgeries for minors. They were not involved in the lawsuit opposing the ban.
Other States with Similar Bans
Indiana is not alone in its ban on gender-transitioning treatments for minors. Twenty-two other states, including Alabama, Arkansas, Arizona, Florida, Georgia, and Texas, have also enacted laws restricting or banning such treatments. However, the bans in some states are facing legal challenges. A federal court ruled Arkansas’ ban as unconstitutional, and temporary injunctions were placed on the laws in Idaho and Montana.
Conclusion
The removal of the injunction in Indiana allows the state to enforce its law banning gender-transitioning treatments for minors. The decision by the appeals court has sparked strong reactions from both supporters and opponents of the ban. The legal battle over these bans is likely to continue as activists on both sides fight for what they believe is best for transgender minors and their families.
