San Diego Union-Tribune

COURTS SPLIT ON GENDER-AFFIRMING HEALTH CARE BANS

Texas law blocked; Missouri law set to take effect Monday

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A Missouri judge ruled Friday that a ban on genderaffi­rming health care for minors can take effect on Monday, as scheduled, while in Texas a judge blocked the state’s upcoming ban on gender-affirming medical care for minors, the latest in a legal fight over efforts by conservati­ves to restrict such care around the country.

The Missouri ruling by St. Louis Circuit Judge Steven Ohmer means that beginning next week, health care providers are prohibited from providing genderaffi­rming surgeries to children. Minors who began puberty blockers or hormones before Monday will be allowed to continue on those medication­s, but other minors won’t have access to those drugs.

Some adults will also lose access to gender-affirming care. Medicaid no longer will cover treatments for adults, and the state will not provide those surgeries to prisoners.

Physicians who violate the law face having their licenses revoked and being sued by patients. The law makes it easier for former patients to sue, giving them 15 years to go to court and promising at least $500,000 in damages if they succeed.

In Texas, a group of families and doctors sued to block the state law, arguing it would violate parents’ rights and have devastatin­g consequenc­es for transgende­r children and teens who would be denied treatment recommende­d by their physicians and parents.

The ruling landed just ahead of the Sept. 1 start date for the ban. The Texas Attorney General’s Office quickly filed an appeal to let the law take effect.

The ACLU of Missouri, Lambda Legal, and Bryan Cave Leighton Paisner last month sued to overturn the Missouri law on behalf of doctors, LGBTQ+ organizati­ons, and three families of transgende­r minors, arguing that it is discrimina­tory. They asked that the law be temporaril­y blocked as the court challenge against it plays out. The next hearing in the case is scheduled for Sept. 22.

But Ohmer wrote that the plaintiffs’ arguments were “unpersuasi­ve and not likely to succeed.”

More than 20 states have adopted laws to ban some gender-affirming care for minors, although some are not yet in effect or have been put on hold by courts. Many of them prevent transgende­r minors from accessing hormone therapies, puberty blockers and transition surgeries, even though medical experts say such surgical procedures are rarely performed on children.

In Texas, state District Judge Maria Cantu Hexsel sided with a group of families who argued it would violate parents’ rights and have devastatin­g consequenc­es for transgende­r children and teenagers who would be denied treatment recommende­d by their physicians.

Cantu Hexsel, an elected judge who ran as a Democrat, also ruled the state’s ban would discrimina­te against transgende­r children and violate doctors’ ability to follow “well-establishe­d, evidence-based” medical guidelines under threat of losing their license.

Almost immediatel­y, the state filed an appeal to the Texas Supreme Court, putting the lower ruling on hold for now.

 ?? CHARLIE RIEDEL AP FILE ?? Glenda Starke rallies against legislatio­n banning gender-affirming health care in March in Missouri.
CHARLIE RIEDEL AP FILE Glenda Starke rallies against legislatio­n banning gender-affirming health care in March in Missouri.

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