A federal judge on Wednesday temporarily blocked part of a Kentucky state law that would have banned the prescription and administration of puberty blockers and hormone therapy for transgender people younger than 18, just hours before the full ban was set to go into effect.
U.S. District Judge David Hale sided with the ACLU of Kentucky on Wednesday in issuing the temporary injunction, noting that the plaintiffs were likely to succeed in their challenge to the law on constitutional grounds.
“After careful consideration, the Court finds that Plaintiffs have shown a strong likelihood of success on the merits of their constitutional challenges to (Senate Bill 150) and otherwise meet the requirements for preliminary injunctive relief,” Hale ruled Wednesday afternoon.
The ACLU of Kentucky, along with the National Center for Lesbian Rights and law firm Morgan, Lewis & Bockius, filed suit in early May on behalf of transgender children and their parents, arguing Senate Bill 150’s bans on gender-affirming health care are unconstitutional.
They contend that the bill unfairly singles out trans kids by blocking access to medical care that cisgender kids can receive. They also say it unjustly limits a parent’s rights to make medical decisions for their children.
The ACLU’s lawsuit narrowly focuses on puberty blockers and hormone therapy. SB 150’s ban on gender-affirming surgeries on minors, which already weren’t happening in Kentucky, is not being challenged and will go into effect as scheduled Thursday.
In his ruling Wednesday, Hale wrote that “the Court finds that the treatments barred by SB 150 are medically appropriate and necessary for some transgender children under the evidence-based standard of care accepted by all major medical organizations in the United States.”
“These drugs have a long history of safe use in minors for various conditions,” the ruling continued. “It is undisputed that puberty-blockers and hormones are not given to prepubertal children with gender dysphoria.”
The ACLU released the following statement after Wednesday’s ruling: “We are grateful to the Court for enjoining this egregious ban on medically necessary care, which would have caused harm for countless young Kentuckians. This is a win, but it is only the first step. We’re prepared to fight for families’ right to make their own private medical decisions in court, and to continue doing everything in our power to ensure access to medical care is permanently secured in Kentucky.”
Mason Chernosky, a 25-year-old trans man who protested against SB 150 during the legislative session, said he was “relieved and inspired by the news coming out of the court system today, upholding the right of Kentuckians to seek medical care.”
“Access to gender-affirming care is life saving and I know many kids and families who are grateful that the judge granted the injunction today,” he said.
