A federal appeals court upheld an Indiana law on Wednesday that bans the use of puberty blockers and hormones for children under 18.
The 7th U.S. Circuit Court of Appeals issued a 2-1 decision, making Indiana one of numerous Republican-controlled states with similar laws. This ruling comes as the U.S. Supreme Court prepares to review a challenge to a similar law in Tennessee, a case that may ultimately decide whether states nationwide can enforce such laws.
In February, the 7th Circuit allowed Indiana’s law to take effect, overturning a lower court’s order that had blocked it. Indiana Attorney General Todd Rokita praised the decision on X, describing it as “a huge win for Hoosiers” and claiming it would protect “our most precious gift from God – our children.”
The plaintiffs, represented by the American Civil Liberties Union, argued that the law discriminates based on sex by banning specific treatments for transgender youth. They also claimed that it interferes with parents’ rights to direct their children’s medical care. Circuit Judge Michael Brennan, writing for the majority, rejected both arguments. He stated that the law prohibits gender transition procedures “regardless of whether the patient is a boy or a girl.” He further argued that parents do not possess an unrestricted right to access any medical treatment for their children, cautioning that this argument could theoretically extend to demanding access to narcotics for minors if a state has banned such substances.
Judge Brennan, appointed by former President Donald Trump, received support from Senior Circuit Judge Kenneth Ripple, an appointee of former President Ronald Reagan. In dissent, Circuit Judge Candace Jackson-Akiwumi, appointed by President Joe Biden, opposed the ruling, referencing similar dissents across the country. She noted the 6th Circuit’s ruling on Tennessee and Kentucky’s similar laws, where dissenting Circuit Judge Helene White argued that these bans infringe on parents’ established rights to make medical decisions for their children.
Currently, 26 states have either banned or restricted the use of puberty blockers and hormones to treat children diagnosed with gender dysphoria. Supporters of these bans claim they protect children from experimental treatments lacking solid evidence. However, advocates for the treatments, including the American Academy of Pediatrics, argue they improve mental health and reduce suicide attempts among transgender youth.
The case is K.C. v. Individual Members of the Medical Licensing Board of Indiana, 7th U.S. Circuit Court of Appeals, No. 23-2366.
