R. Craig Carter, District Court Judge of Cole County, Missouri, has upheld Missouri’s ban on transgender treatment for minors. The American Civil Liberties Union (ACLU) has already announced that it will appeal.
Judge R. Craig Carter ruled that the lawsuit brought by transgender children and their parents did not meet any of the criteria needed to block enforcement of a 2023 transgender care law.
During the 13-day trial earlier this year, the state argued that there was no medical consensus on the effectiveness of the medical transition.
In his ruling, Judge Carter agreed with the State’s argument. He cited a 2007 Supreme Court ruling that said legislative options “must be extremely comprehensive” when dealing with areas “afflicted by medical and scientific uncertainties.”
The law prohibits both medical (hormonal) transgender treatments and transgender surgeries for minors, which have enduring consequences and often (if not always) involve sterilization.
The law, signed by Republican Governor Mike Parson in June 2023Bans health care providers in Missouri from providing puberty blockers, hormones, and gender-affirming surgeries to minors. Minors who were prescribed puberty blockers or hormones before August 28, 2023 could continue to receive these treatments.
The law not only restricted access to treatment, but also increased the possible penalties for doctors who violate the law. Doctors could have their licenses revoked and patients could be sued. The law requires patients to receive $500,000 in damages for 15 years if they are successful in court.
Missouri Attorney General Andrew Bailey praised the decision on X.
🚨BREAKING: Court left Missouri law banning child mutilation in effect, a resounding VICTORY for my team.
We are the FIRST state in the country to defend such a law in court.
Mutilation is not health care.
We will never stop fighting to protect your children.
– Attorney General Andrew Bailey (@AGAndrewBailey) November 25, 2024
On the surface, the law appears to be uncontroversial. Various jurisdictions have laws that prohibit minors from receiving less impactful procedures such as tattoos or piercings. These are either forbidden for minors or at least require parental consent. It should be noted that children cannot give full informed consent. Therefore, minors are generally prohibited from signing contracts, marrying, joining the military, purchasing alcohol or firearms, or voting.
It seems undeniable that minors should not opt for life-changing treatments of this kind unless there is a medical indication for them.
See related: CBS refuses to air political ads that discuss Kamala Harris’ support for “gender-affirming care” for minors
Team Trump sheds featherlight on reported plan to ban transgender people in the US military
Lawsuit Challenging AL’s Ban on Gender Confirmation Surgery for Minors Reveals Rachel Levine took action to remove age restrictions
There is also the issue of medical ethics, the main aspect of which is this First, do no harm, or “first do no harm.” Hormonal treatments, not to mention surgery, have long-term and in many cases (surgery in any case) irreversible effects.
The ACLU of Missouri released a statement saying, in part:
“We are extremely disappointed with this decision, but this is not the end of the fight and we will appeal. However, the Court’s findings signal a troubling acceptance of discrimination, ignore an extensive trial record and the voices of transgender Missourians and those who care for them, and deny transgender youth and Medicaid recipients their right to access evidence-based, effective, and effective medical care providing often life-saving medical care,” Lambda Legal and the ACLU of Missouri said in a joint statement.
This case will undoubtedly now be referred to a higher court. As always, we will keep you updated as events warrant.
