ACLU, NCLR file lawsuit over Kentucky law banning gender-affirming care for trans minors

May 4, 2023

Hannah Woosley-Collins, Justin Walker,

LEXINGTON, Ky. (WTVQ) — The American Civil Liberties Union of Kentucky (ACLU) on Wednesday announced it has filed a lawsuit over one of Kentucky’s newest laws banning gender-affirming care for transgender minors.

The bill of concern is section 4 of the Senate Bill 150, which would ban access to gender-affirming medical care to minors, like hormone suppressors and hormone therapy.

In a statement, the ACLU called the bill an “unconstitutional measure” and said it was a “political attack” against transgender people.

The ACLU of Kentucky and the National Center for Lesbian Rights both addressed the lawsuit during a press conference Thursday morning.

The lawsuit claims the ban violates constitutional rights of Kentucky youth and their parents. It also says it interferes with the parent’s ability to obtain established treatments for their trans children.

The lawsuit filed has been made on behalf of seven Kentucky families, who used a pseudonym to protect their privacy. The families all have transgender kids of different ages with different medical needs based on what their physicians are recommending for their care.

“Let me be clear, all aspects of SB150 are threats to trans youth in Kentucky. This litigation though is about trans youth’s physical well-being and why Kentucky’s ban on their essential healthcare violates the U.S. Constitution,” says Shapiro.

To read the full lawsuit, head here: ky_sb_150_complaint_final_05.03.23

“These laws violate one of the most deep-seated principles of our constitution, which is that parents, parents, not the government, should make medical decisions for their own children,” says Shannon Minter of the National Center for Lesbian Rights.

SB 150 passed in both the House and Senate. Gov. Andy Beshear vetoed the passage, which was then overridden by legislators.

“These are political attacks from groups with a fundamental opposition to transgender people being able to live openly, freely, and affirmed as who they really are,” says Corey Shapiro, the Legal Director for the ACLU of Kentucky.

Kentucky joined at least 14 other states restricting or banning gender affirming care for minors.

“What all these laws have in common is they’re sweeping categorical bans that prevent parents from obtaining established medical care, supported by every major medical association in the united states for their children. So their very similar and that’s why those precedence and those other cases will be instructive to the court here,” says Minter.

The ACLU says it plans to file a motion sometime in the coming weeks for a preliminary injunction to try to get the court to enter a ruling to halt the ban from going into effect while the case
proceeds through the court system. They say it could take years before a final ruling is made.

Senate Bill 150 is set to take effect on June 29th.

“Just by being here and telling trans youth that we are here fighting for them is important to relay that message that they are valued, they are appreciated, they’re constantly subjected to all sorts of stigma that we even see from legislators in Frankfort. So by standing here and supporting them and saying we are here fighting for you, we hope that as well will provide that level of support,” says Shapiro.

Attorney General Daniel Cameron issued the following statement:

“Yesterday, the ACLU filed a lawsuit challenging SB 150, and my office plans to intervene to defend this law and help keep Kentucky’s kids safe”

We reached out to the defendants listed on the lawsuit, The President of the Kentucky Board of Medical Licensure and the Secretary of the Cabinet for Health and Family Services for a response, and have not yet heard back.