In a recent decision, the Sixth U.S. Circuit Court of Appeals in Cincinnati has ruled 2-1 in favor of allowing Kentucky to enforce its ban on gender-affirming care for minors while litigation is ongoing. This ruling aligns with a previous decision made by the same panel in a similar case in Tennessee.

Understanding the Ban and Legal Landscape:

Kentucky passed a law earlier this year, despite Governor Andy Beshear’s veto, which prohibits transgender minors from accessing puberty blockers and hormone therapy. Similar laws have been implemented in around 20 other states, leading to legal challenges and varying court rulings on their enforcement.

Kentucky Judge Lifts Injunction:

Initially, U.S. District Judge David Hale had blocked the enforcement of Kentucky’s ban. However, following the Sixth Circuit’s ruling in the Tennessee case, Judge Hale lifted the injunction on July 14.

Legal Arguments and Rationale:

Seven transgender children and their parents have filed a lawsuit to challenge the Kentucky law, asserting that it infringes upon their constitutional rights and parental rights to pursue appropriate medical treatment for their children. The majority judges in the appeals court emphasized that decisions regarding transgender care should be made by lawmakers, not judges.

Dissenting Opinion Points to Differences with Tennessee Law:

Judge Helene White, in her dissenting opinion, pointed out that Kentucky’s ban lacks a grace period for patients who are already undergoing treatment. This absence of a grace period makes the need for an injunction even more crucial than in the Tennessee case. White argued that the immediate discontinuation of treatment or the risk of losing their license places doctors in a challenging and ethically complex position.

New Title: Federal Appeals Court Upholds Kentucky’s Ban on Transgender Care for Minors, Allowing Enforcement During Ongoing Litigation