The United States Court of Appeals for the Seventh Circuit lifted an injunction against Indiana law limiting gender-affirming care for kids on Wednesday, enabling the statute to go into force.
In a divided ruling, the majority ruled that the lower US district court erred in imposing the injunction because the plaintiffs failed to demonstrate “irreparable harm” if the statute went into effect. The majority backed their decision, saying that while the district court “was correct to recognize the record evidence supporting the effectiveness of medical interventions to treat gender dysphoria, the court failed to even discuss other record evidence establishing that psychotherapy and psychosocial support are also effective treatment options.” The court ruled the injunction invalid due to the availability of alternative treatments.
The majority also dismissed the plaintiffs’ allegation that the law violates their Fourteenth Amendment rights to equal protection based on gender. The judges held that because the legislation “bars gender transition procedures regardless of whether the patient is a boy or a girl,” no discrimination based on gender may occur.
The dissenting judge expressed serious concerns about the law’s impact on medical professionals in Indiana. The law prevents physicians from delivering gender-affirming care, as well as from “aiding and abetting” other physicians in doing the same. According to the dissent, the constraints imposed on physicians by the statute violate their First Amendment free speech rights by limiting their capacity to communicate with patients, other Indiana physicians, and out-of-state physicians regarding medical care.
Studies have shown that gender-affirming treatment prohibitions negatively affect transgender youth, yet Florida, Oklahoma, and other primarily Republican states have allowed them to take effect.
Next month, the US Supreme Court will hear oral arguments on the legitimacy of gender-affirming care prohibitions.
