Appeals court lets Indiana's gender-affirming care ban go into effect

A federal appeals court has allowed Indiana’s law banning gender-affirming care for transgender youth to go into effect — immediately.

A U.S. District Court in Indiana had issued a preliminary injunction last June that blocked enforcement of the law, set to go into effect July 1. But Tuesday, the U.S. Court of Appeals for the Seventh Circuit placed a stay on that injunction, letting the law be enforced.

Republican Gov. Eric Holcomb signed Senate Bill 480 into law last April, banning surgeries, hormone treatment, and puberty blockers for the purpose of gender transition for anyone under 18, even though he had expressed doubts about the legislation.

Four trans youth and their families, plus a doctor and a health care clinic, immediately filed suit challenging the law, saying it violated several sections of the U.S. Constitution as well as the Affordable Care Act and the Medicaid Act. They are represented by the American Civil Liberties Union and its Indiana affiliate.

The judge who issued the injunction said those challenging the law were likely to succeed in proving their claims, so he blocked the ban while the suit proceeds. But the state appealed, resulting in Tuesday’s order from the Seventh Circuit.

The national ACLU and its Indiana affiliate released this joint statement: “This ruling is beyond disappointing and a heartbreaking development for thousands of transgender youth, their doctors, and their families. As we and our clients consider our next steps, we want all the transgender youth of Indiana to know this fight is far from over and we will continue to challenge this law until it is permanently defeated and Indiana is made a safer place to raise every family.”

Indiana is one of 23 states that have banned some or all gender-affirming care for trans youth. The laws have been blocked in several states while lawsuits are heard, and one, in Arkansas, has been struck down by a federal court, but that ruling is on appeal.