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Appeals Court Upholds State’s Trans Treatment Ban for Minors
Although a lower court blocked it, a federal appeals court upheld Indiana’s ban on trans treatments for minors.
From The Christian Post. A federal appeals court panel has upheld Indianaās ban on sex-change operations and hormone drugs for minors, including things like administering puberty blockers, cross-sex hormones and cosmetic irreversible surgeries.
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A three-judge panel of the U.S. 7th Circuit Court of AppealsĀ ruled 2-1Ā Wednesday to reverse a lower court decision against Senate Enrolled Act 480, which passed in April 2023.
Circuit Judge Michael Brennan, a Trump appointee, authored the majority opinion, concluding that āthere is no evidence that SEA 480 is a pretext designed to discriminate against transgender people.ā
āThe law allows mental health care, does not limit an adultās access to gender transition treatment, and does not prohibit treatment focused on non-medical affirmation of the individualās gender identity,ā wrote Brennan.
āIt is focused on the medically induced part of a gender transition, which is the part of the transitioning process Indiana believes is too dangerous and novel to be left unregulated.ā
Brennan wrote that protecting minors āfrom being subjected to a new and heavily challenged medical treatment is a legitimate end.ā
āThe law applies to minors only. And because the state believes puberty blockers are dangerous when prescribed to stop pubertyās natural course and hormone therapy is dangerous when prescribed cross-sex, limiting access for those purposes is reasonable,ā he continued.
Circuit Judge Candace Jackson-Akiwumi, a Biden appointee, authored the dissenting opinion, arguing that āthe majority opinion cannot save SEA 480 from falling short of what the First Amendment requires.ā
In particular, Jackson-Akiwumi took issue with the lawās provision prohibiting Indiana-based providers from helping patients get the banned hormones, drugs and procedures from out-of-state facilities.
āMy colleagues appear moved by the good intentions that Indiana contends underpin SEA 480ās aiding and abetting provision. But it is axiomatic that a state cannot ensnare free speech just because it means well,ā wrote Jackson-Akiwumi.
āIf I reached the constitutional question, I would hold that SEA 480ās aiding and abetting provision violates the First Amendment because it does not regulate speech integral to unlawful conduct; it does not regulate speech incidental to regulated conduct; and it does not regulate Provider-Plaintiffsā pure speech in a manner that survives strict scrutiny.ā
The Alliance Defending Freedom, a conservative legal organization that filed an amicus brief in support of the state law, celebrated the ruling.
āIndiana rightly enacted a law that protects the health and welfare of all children ā supporting their natural biological development and ensuring that children experiencing gender dysphoria have a chance for comprehensive healing and compassionate mental health support,ā ADF Senior Counsel Jonathan Scruggs said in aĀ statement.
āThese procedures have devastated countless lives, which is why countries that were previously leaders in so-called āgender affirmingā care are reversing course and curtailing these experimental efforts to alter childrenās bodies. The 7th Circuit was on solid ground to uphold Indianaās law that allows children to receive the help they need ā safely.ā
In passing SEA 480, Indiana became one of about two dozen states to pass laws prohibiting sex-change drugs and operations for youth experiencing gender dysphoria.
The measure was challenged by the American Civil Liberties Union, which filed a complaint in April 2023 on behalf of four trans-identified minors, their families, a doctor and a health care clinic.
āThis law would be devastating to trans youth and their families, causing them serious injuries and forcing those who can, to uproot their lives and leave the state to access the gender-affirming care they need,ā said Ken Falk, ACLU of Indiana legal director, in aĀ statementĀ at the time.
āWeāre suing to stop this cruel and unconstitutional law from taking effect and inflicting further harm on these children and their families.ā
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This article was originally published at The Christian Post. Used with permission. Photo Credit: KATRIN BOLOVTSOVA/Pexels.
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Comments
Thank you Lord for restoring righteousness and justice in America! Please continue to protect children and young people from confusion and exploitation.
“Righteousness and justice are the foundation of Your throne;
Mercy and truth go before Your face.” Psalm 89:14
Praise the Lord for protecting our children. I pray the truth will completely come out as to these procedures and find acceptance.
Ha. I knew you wouldn’t post my comment.
I sent a comment and was not posted.