Two federal judges in Kentucky and Tennessee have temporarily blocked legislative bans on transgender treatment for minors.
The first order addresses a recent Kentucky law that restricts medical providers from performing transgender procedures on children. U.S. District Judge David Hale, a Barack Obama appointee, granted the American Civil Liberties Union (ACLU) a temporary injunction before this law goes into effect. The ACLU is arguing that the law is a violation of the rights of both parents and children in Kentucky.
“We are grateful to the Court for enjoining this egregious ban on medically necessary care, which would have caused harm for countless young Kentuckians.”
Corey Shapiro, ACLU Kentucky legal director
Kentucky’s Attorney General, Daniel Cameron, condemned the judge’s injunction, citing a lack of medical evidence proving these procedures are beneficial to children who identify as transgender.
“These procedures are not based on science, threaten the safety of minors, and have irreversible life-long consequences on children’s health,” Cameron said.
A second federal judge has also issued an injunction on a similar Tennessee law. U.S. District Judge Eli Richardson, a Donald Trump appointee, is siding with an ACLU lawsuit claiming that Tennessee is violating the 14th Amendment’s equal protection clause by passing a law that restricts minors from obtaining puberty blockers.
In his preliminary injunction, Judge Richardson insinuated that Tennessee’s ban on transgender medical procedures for children infringes on the rights conferred by the Constitution.
“The Court also acknowledges that it must tread carefully when enjoining from enforcement a law that was enacted through a democratic process. The Court does not take providing such relief lightly. The legislative process, however, is not without constraints. If Tennessee wishes to regulate access to certain medical procedures, it must do so in a manner that does not infringe on the rights conferred by the United States Constitution, which is of course supreme to all other laws of the land.“
U.S. District Judge Eli Richardson
Similar to Kentucky, the Tennessee attorney general’s office is condemning the federal judge’s injunction. Attorney General Jonathan Skrmetti has filed an emergency motion asking federal judges to reverse this injunction. He also stated that he will appeal Judge Richardson’s decision.
