A federal appeals court upheld an Indiana statute that prohibits the use of puberty blockers and hormones for transgender youth under the age of 18, one of many such policies enacted by Republican-controlled states.
The 7th U.S. Circuit Court of Appeals’ 2-1 decision on Wednesday comes as the U.S. Supreme Court prepares to consider a case to similar legislation in Tennessee, which could ultimately determine whether all such state laws across the country are enforceable.
The 7th Circuit had already permitted the law to go into effect in February while it considered a lawsuit brought by families of transgender children and healthcare providers, overturning a lower court ruling that had blocked it.
Indiana Attorney General Todd Rokita stated on X that the ruling was “a huge win for Hoosiers and will help protect our most precious gift from God—our children.”
The American Civil Liberties Union, which represents the plaintiffs, did not immediately reply to a request for comment.
The plaintiffs claimed that the statute discriminated against sex by barring certain treatments based on the patient’s gender. They also claimed that it interfered with parents’ right to direct their children’s medical care.
Circuit Judge Michael Brennan, writing for the majority, dismissed both arguments. He said that the legislation “bars gender transition procedures regardless of whether the patient is a boy or a girl.”
He also stated that parents did not have the right to seek medical treatment for their children. He claimed that this argument implied a path for parents to demand their children’s access to a narcotic for a well-meaning medical purpose, even if the state had forbidden the narcotic.
Reagan appointee Senior Circuit Judge Kenneth Ripple joined Brennan.
Democratic President Joe Biden nominated Circuit Judge Candace Jackson-Akiwumi, who dissented, citing “the same compelling reasons explained by dissenting judges around the country” in similar cases, such as the 6th Circuit’s decision upholding Tennessee and Kentucky statutes. In that instance, dissenting Circuit Judge Helene White stated that the bans “intrude on the well-established province of parents to make medical decisions for their minor children.”
The use of puberty blockers and hormones to treat children with gender dysphoria, or suffering caused by an incongruence between a person’s gender identity and the sex given at birth, is prohibited or limited in 26 states.
Proponents of such legislation argue that they safeguard children from experimental and unproven treatments. Supporters of the treatments, like the American Academy of Pediatrics, claim that they minimize suicide attempts and enhance mental health.
The case is K.C. v. Individual Members of Indiana’s Medical Licensing Board, 7th US Circuit Court of Appeals, No. 23-2366.