Indiana ACLU challenging ruling on gender-affirming care for transgender kids

INDIANAPOLIS, Ind. -- Earlier this week, the American Civil Liberties Union of Indiana requested the Seventh Circuit Court of Appeals grant "en banc" review of its recent 2-1 decision reversing a preliminary injunction that had been entered against the Indiana statute banning gender-affirming medical care for transgender youth.

The ACLU's lawsuit claims the statue "violates the Equal Protection Clause by prohibiting transgender youth from receiving this necessary treatment and that it also violates the due process rights of parents to direct the medical care of their minor children in consultation with medical professionals."

An "en banc" review is a special procedure where all judges of a specific court hear a case, and typically only happens when the court believes the case is especially complex or important.

The statue, officially known as SEA 480, also contains a prohibition on “aiding and abetting” young persons to receive the banned procedures, which the ACLU argues violates the First Amendment rights of medical providers to refer their minor patients to out-of-state practitioners who can lawfully provide this vital medical care.

The national and Indiana chapter of the ACLU issued the following statement:

“Since this ban took effect, it has had devastating consequences for trans youth in Indiana, their families, and their medical providers. Our clients have been forced to seek care out of state, and the in-state providers they see for regular checkups and other medical conditions are prohibited from even discussing the gender-affirming treatment they are receiving elsewhere.

Gender-affirming care is well-studied, necessary and lifesaving care, and we want transgender youth throughout Indiana to know that we will continue fighting for their medical treatment and defending their constitutional rights.”

The lawsuit was filed in April 2023 on behalf of four transgender youth and their families, a doctor, and a health care clinic.

According to the ACLU, the U.S. Supreme Court heard oral arguments earlier this month in a challenge by the ACLU and others against a similar law in Tennessee. The Court is expected to issue a decision in that case in 2025.