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Oklahoma Federal Judge Upholds Ban on Medical Care for Transgender Youth

October 7, 2023 | by Kaju

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A federal judge in Tulsa, Oklahoma has declined to stop a new law that makes it a felony for healthcare workers to provide gender-affirming medical care to young transgender individuals. The law, which was passed by Oklahoma’s Republican-controlled Legislature and signed by Gov. Kevin Stitt, bans medical treatments such as puberty-blocking drugs or hormones for those under 18.

The plaintiffs, which include a medical provider and family members of transgender children, sought a preliminary injunction to halt the law from taking effect. However, U.S. District Court Judge John Heil III denied their motion, stating that the plaintiffs had not demonstrated that parents have a fundamental right to choose such medical care for their children.

The judge emphasized that the Oklahoma Legislature can exercise caution in allowing irreversible medical treatments for children in an area where medical and policy debates are still unfolding. The law is set to be fully enforced after being on hold due to an agreement between the plaintiffs and the Oklahoma Attorney General’s office.

Oklahoma’s law includes a six-month transition period for minors who were already receiving puberty-blocking drugs or cross-sex hormones, which will end in early next month.

Attorneys for the plaintiffs, including the American Civil Liberties Union (ACLU) and Lambda Legal, have expressed their disappointment with the judge’s decision. They plan to appeal the ruling, stating that denying transgender youth equality before the law and withholding necessary medical care will continue to cause serious harm.

This case is not unique, as at least 22 states have enacted laws restricting or banning gender-affirming medical care for transgender minors. Many of these states are also facing similar lawsuits challenging the constitutionality of these laws.

It’s worth noting that a federal judge in June declared Arkansas’ ban on gender-affirming medical care for minors unconstitutional. Arkansas was the first state to enact such a ban, and the decision to overturn it may influence the outcome of similar cases in other states.

The 8th U.S. Circuit Court of Appeals recently granted Arkansas’ request to have the full court hear its appeal instead of a three-judge panel, indicating the significance and complexity of the issue.

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