INDIANAPOLIS — A federal appeals court has upheld an Indiana law that prohibits gender-affirming care for minors, ensuring that the legislation remains in effect months after it was initially allowed to be enacted.
A 7th U.S. Circuit Court of Appeals panel made a 2-1 decision on Wednesday, concluding that the restrictions set forth by the law fall within the legal authority of the Indiana General Assembly and do not violate the constitutional rights of transgender minors, their parents, or healthcare providers, according to reports from local news sources.
This latest ruling follows a prior decision in February by the same appeals court that permitted the law to take effect after overturning a temporary injunction that had blocked its enforcement. The ruling not only lifts the injunction but also grants state officials clear authority to enforce the law.
The law, which was passed in the spring of 2023, is part of a broader trend among GOP-led states aiming to limit the rights of LGBTQ+ individuals. It was initially set to take effect on July 1 of the same year, but just before that date, U.S. District Court Judge James Patrick Hanlon intervened with an injunction that stalled most of the law’s provisions. This injunction barred the state from restricting minors’ access to hormone therapies and puberty blockers, although it allowed the ban on gender-affirming surgeries for minors to proceed.
Judge Hanlon’s ruling also impeded specific sections of the law that would prevent Indiana physicians from consulting with out-of-state counterparts regarding gender-affirming treatment for minors under 18.
Since 2021, over 20 states have enacted laws aimed at restricting or banning gender-affirming treatments, despite these medical options being available for over a decade and generally endorsed by major medical organizations. Most of these state-level bans have faced legal challenges in court.
In response to the February ruling, the American Civil Liberties Union (ACLU) of Indiana described the court’s decision as “heartbreaking” for transgender youth, their practitioners, and families. The ACLU pledged to continue fighting against the law until it is rendered ineffective, asserting the need for Indiana to be a safer environment for every family.
When reached for comment on Thursday regarding the potential for an appeal, ACLU of Indiana spokesperson Laura Forbes mentioned that they are currently evaluating their options.
Meanwhile, Indiana’s Attorney General Todd Rokita, a Republican, expressed his support for the ruling on social media, declaring it a significant victory for residents of Indiana. He emphasized that the rejection of the injunction would ensure the continued prohibition of “dangerous and irreversible gender-transition procedures” for minors in the state.
