A Missouri judge ruled Friday that a ban on gender-affirming health care
for minors can take effect on Monday, as scheduled.
The ruling by St. Louis Circuit Judge Steven Ohmer means that beginning
next week, health care providers are prohibited from providing gender-
affirming 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.
The ACLU of Missouri, Lambda Legal, and Bryan Cave Leighton Paisner last
month sued to overturn the 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."
"The science and medical evidence is conflicting and unclear. Accordingly,
the evidence raises more questions than answers," Ohmer wrote in his
ruling. "As a result, it has not clearly been shown with sufficient
possibility of success on the merits to justify the grant of a preliminary
injunction."
One plaintiff, a 10-year-old transgender boy, has not yet started puberty
and consequently has not yet started taking puberty blockers. His family
is worried he will begin puberty after the law takes effect, meaning he
will not be grandfathered in and will not have access to puberty blockers
for the next four years until the law sunsets.
The law expires in August 2027.
Proponents of the law argued that gender-affirming medical treatments are
unsafe and untested.
Republican Attorney General Andrew Bailey's office wrote in a court brief
that blocking the law "would open the gate to interventions that a growing
international consensus has said may be extraordinarily damaging."
The office cited restrictions on gender-affirming treatments for minors in
countries including England and Norway, although those nations have not
enacted outright bans.
An Associated Press email requesting comment from the Attorney General's
Office was not immediately returned Friday.
Every major medical organization in the U.S., including the American
Medical Association, has opposed bans on gender-affirming care for minors
and supported the medical care for youth when administered appropriately.
Lawsuits have been filed in several states where bans have been enacted
this year.
"We will work with patients to get the care they need in Missouri, or, in
Illinois, where gender-affirming care is protected under state law,"
Yamelsie Rodríguez, president and CEO, Planned Parenthood of the St. Louis
Region and Southwest Missouri, said in a statement after the ruling.
The Food and Drug Administration approved puberty blockers 30 years ago to
treat children with precocious puberty — a condition that causes sexual
development to begin much earlier than usual. Sex hormones — synthetic
forms of estrogen and testosterone — were approved decades ago to treat
hormone disorders and for birth control.
The FDA has not approved the medications specifically to treat gender-
questioning youth. But they have been used for many years for that purpose
"off label," a common and accepted practice for many medical conditions.
Doctors who treat trans patients say those decades of use are proof the
treatments are not experimental.
https://www.cbsnews.com/news/missouri-ban-gender-affirming-health-care-
transgender-minors/