A new state law in Missouri that prohibits certain gender-affirming health care for minors has been upheld by a court on Monday. This decision serves as a triumph for those who support the ban, particularly amidst the ongoing lawsuits against similar bans in other states.
Republican Attorney General Andrew Bailey stated that Missouri has become the first state in the nation to effectively defend such a law at the trial court level. Bailey, who previously attempted to prohibit minors from accessing gender-affirming health care through a rule change but abandoned the effort when the law was passed, is taking on the responsibility of defending the legislation in court.
“I’m extremely proud of the thousands of hours my office put in to shine a light on the lack of evidence supporting these irreversible procedures,” Bailey said. “We will never stop fighting to ensure Missouri is the safest state in the nation for children.”
The opposition to bans on gender-affirming care for minors and the support for appropriate medical care for youth comes from every major medical organization, including the American Medical Association.
Lambda Legal and the ACLU of Missouri, who are representing the plaintiffs that filed a lawsuit to challenge the law, announced on Monday their intention to appeal the ruling.
Missouri is one of the states that have implemented laws to limit or prohibit gender-affirming medical care for transgender minors.
Federal judges have deemed the bans in Arkansas and Florida unconstitutional. However, the Florida ruling has been temporarily stayed by a federal appeals court. In Montana, a judge has issued a temporary order blocking the enforcement of the ban. The restrictions in New Hampshire are set to be implemented in January 2025.
Missouri’s recent law has put a ban on gender-affirming surgeries, hormones, and puberty blockers for individuals under the age of 18. This legislation specifically targets minors who have not yet commenced these treatments before August 2023. It is important to note that the law is set to expire in August 2027.
Major medical groups recognize these treatments as evidence-based care that should be accessible to transgender individuals.
Missouri law still permits most adults to have access to gender-affirming health care, although Medicaid does not provide coverage for it.
The plaintiffs, which include families of multiple transgender teenagers, have argued that the law deprives transgender minors of medically necessary treatments, while still permitting other children to avail themselves of similar surgeries and medications.
Wright County Circuit Court Judge Craig Carter held a different opinion. In his ruling, the judge from southern Missouri expressed his belief that there is a significant lack of consensus regarding the medical ethics surrounding treatment for adolescent gender dysphoria.
According to Carter, during the trial, there was a significant dispute regarding the ethicality of drug and surgical treatments for adolescent gender dysphoria. The disagreement revolved around whether such treatments were ethical at all and, if so, to what extent they should be allowed ethically.
Lambda Legal and the ACLU of Missouri expressed their disappointment with the ruling, stating that it is a clear indication that there are still individuals who are denied compassion and equal access to healthcare.
The organizations expressed their concerns regarding the court’s findings, stating that it is troubling to see the acceptance of discrimination. They also pointed out that the court’s decision disregards the extensive trial record and the voices of transgender Missourians and their caregivers. Moreover, they believe that this ruling denies transgender adolescents and Medicaid beneficiaries their right to access evidence-based, effective, and potentially life-saving medical care.
The following states have enacted legislation that limits or prohibits gender-affirming medical care for transgender minors: Alabama, Arkansas, Arizona, Florida, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, and Wyoming.
