Judge in Missouri Transgender Care Lawsuit Recuses Self, Cites ‘Gamesmanship’

A judge in Missouri has decided to step aside in a lawsuit challenging a new state law that restricts gender-transition health care for minors. Judge Steven Ohmer, who was appointed by the Missouri Supreme Court to hear the case, recused himself after the plaintiffs’ lawyers requested a new judge. The lawsuit was filed by the ACLU of Missouri, Lambda Legal, and the law firm Bryan Cave Leighton Paisner on behalf of three transgender minors, a health care center, and LGBTQ+ organizations. The plaintiffs’ lawyers argue that they have the right to request a new judge in a timely manner, while the state solicitor general claims that the plaintiffs were already given a new judge without asking. The new law in Missouri outlaws puberty blockers, hormones, and gender-transition surgery for minors, with exceptions for those who were already undergoing hormone treatment before the law went into effect.

The decision to recuse comes months after Judge Ohmer denied the plaintiffs’ request for a preliminary injunction to block the new law. The case is likely to be delayed further as a result of the judge’s recusal, potentially extending into next year. The Missouri Supreme Court will now need to appoint a new judge to oversee the case. This is one of several lawsuits filed against laws restricting transgender care for minors in various states this year.

The plaintiffs argue that the law is harmful, cruel, and potentially life-threatening for young people seeking gender-transition care. Research has shown that transgender youth and adults often experience stress, depression, and suicidal thoughts, but there is limited evidence that hormone treatment or surgery can entirely resolve these issues. However, Missouri Governor Mike Parson signed the bill into law in June, stating that the state must protect children from making life-altering decisions before they have physically and emotionally matured.

Health care providers who violate the transgender health care law in Missouri may have their medical licenses revoked. Furthermore, providers who prescribe puberty blockers and hormones to minors may face lawsuits from those patients for up to 15 years after they turn 21. If the patients win the lawsuit, physicians may be required to pay at least $500,000 in punitive damages and up to $1.5 million in total damages.