INDIANA — In a significant legal development, a panel of judges from the 7th U.S. Circuit Court of Appeals ruled 2-1 on Wednesday that Indiana’s law banning gender-affirming care for minors can remain in effect. The ruling upholds the restrictions put in place by the Indiana General Assembly, stating that they do not violate the constitutional rights of transgender children, their parents, or medical providers.
The decision follows a February ruling by the same appeals court that lifted a temporary injunction that had previously blocked the law. This new ruling entirely vacates the injunction, allowing state officials to enforce the law fully. The court’s decision marks a key moment in the ongoing national debate over LGBTQ+ rights and gender-affirming care.
Indiana’s law, which was enacted in the spring of 2023, prohibits minors from accessing gender-affirming hormone therapies, puberty blockers, and surgeries. The law also restricts healthcare providers from discussing gender-affirming care with out-of-state doctors for patients under 18. While the law was initially slated to go into effect on July 1, 2023, U.S. District Court Judge James Patrick Hanlon issued an injunction preventing most of the law from taking effect just before the scheduled date. Hanlon blocked the provisions related to hormone therapies and puberty blockers but allowed the ban on gender-affirming surgeries to remain in place.
Since its enactment, Indiana’s law has been part of a broader wave of legislative efforts across the U.S. to limit access to gender-affirming care for minors. More than 20 states have passed similar laws, even though such medical treatments have been available for over a decade and are endorsed by major medical organizations, including the American Medical Association and the American Academy of Pediatrics.
The American Civil Liberties Union of Indiana (ACLU), a vocal opponent of the law, expressed disappointment following the court’s decision. The organization called the ruling “heartbreaking” for transgender youth and their families, adding that it would continue to challenge the law in hopes of permanently defeating it and making Indiana a safer place for LGBTQ+ families.
“This ruling is devastating for transgender children and their families, but we will keep fighting until this law is overturned,” said the ACLU of Indiana.
On the other hand, Indiana Attorney General Todd Rokita called it a victory for the state and its children. “This ruling is a huge win for Hoosiers and will help protect our most precious gift from God — our children,” Rokita said in a statement. “By rejecting the injunction against our commonsense state law, dangerous and irreversible gender-transition procedures for minors will remain banned in Indiana.”
The ruling by the 7th Circuit court is seen as a victory for proponents of the law, who argue that such medical procedures are irreversible and should be restricted for minors. However, critics contend that the law denies transgender youth access to necessary healthcare and undermines their well-being.
