NPR: Federal Judge Halts Major Portions of Indiana’s Prohibition on Gender-Affirming Care for Minors

Protesters gathered outside the Senate chamber at the Indiana Statehouse in Indianapolis on February 22, 2023. A federal judge has now halted an Indiana ban on puberty blockers and hormones for transgender minors, which was set to take effect on July 1. The American Civil Liberties Union of Indiana sought the temporary injunction to challenge the Republican-backed law, which is part of a nationwide effort by GOP-led legislatures to limit LGBTQ+ rights. While the law’s prohibition on gender-affirming surgeries will still take effect, provisions that would prevent Indiana doctors from discussing gender-affirming care with out-of-state doctors for patients under 18 have been blocked by the order from U.S. District Court Judge James Patrick Hanlon.

The ACLU filed the lawsuit just hours after Republican Governor Eric Holcomb signed the bill into law on April 5. The lawsuit, on behalf of four transgender youths and an Indiana doctor providing such care, argued that the ban violated the equal protection guarantees of the U.S. Constitution and infringed upon parental rights to make medical decisions for their children. The ban was approved by Indiana’s Republican-dominated Legislature following contentious hearings, during which opponents of gender-affirming care argued that it increased the risk of depression and suicide among transgender youth.

Judge Hanlon, a appointee of former President Donald Trump, blocked the law from taking effect, citing potential irreparable harm to individuals receiving treatment and a likelihood of success in arguments against its constitutionality. The ACLU presented evidence of health risks to minors with gender dysphoria if they are denied treatment, including prolonged dysphoria, increased distress, and heightened risks of depression, post-traumatic stress disorder, and suicidality.

ACLU leaders celebrated the ruling as a victory and emphasized the fight to protect the rights of all transgender individuals from discrimination. Similar laws restricting or prohibiting medical treatments for transgender minors have been passed in at least 20 other GOP-led states. Lawsuits have been filed against these bans in multiple states, and federal judges have already blocked enforcement in Alabama and Arkansas. Oklahoma has agreed to refrain from enforcing its ban while opponents seek a temporary court order against it

Indiana Attorney General Todd Rokita’s office expressed disappointment in the decision but stated that they will continue to advocate for the children. The office acknowledges that the ruling recognizes valid reasons for regulating gender-transition procedures for minors. It remains unclear if the office will attempt to appeal the injunction before July 1. The blocked provisions of the law permitted trans youth on medication for transitioning until December 31 to continue treatment.

A top attorney for the state argued during a court hearing that risks associated with gender-affirming treatments during puberty, such as fertility, bone strength, brain development, and reversibility, had not been sufficiently studied. The attorney asserted that it was within the Legislature’s authority to protect children from potential harm. The guidelines from leading authorities on gender-affirming care already recommend reserving surgery for adults, with exceptions for older teenagers who meet specific criteria. However, the Indiana law imposed an immediate ban on gender-affirming surgeries for all minors. It is important to note that the blocked provisions of the law banning such surgeries will have no immediate impact in Indiana, as no medical providers in the state currently perform these procedures on individuals under 18.