Federal Court Upholds Oklahoma Law Restricting Transgender Care for Minors
The U.S. Court of Appeals has confirmed the Oklahoma Act, which bars gender transition treatment for minors. This legislation, known as Senate Bill 613, classifies it as a felony for healthcare professionals to administer treatments such as puberty blockers and hormones to those underage.
The bill was passed by the state’s Republican-dominated legislature and signed into law by Governor Kevin Stitt in 2023. Five families of transgender minors, along with healthcare professionals, challenged the law, claiming it infringes on constitutional rights.
Legal Context and Challenges
Represented by organizations like Lambda Legal and the ACLU, the plaintiffs argued that a prior 2022 law exhibited discriminatory intent and stifled pandemic-related funds for the hospital sector, except for transgender treatments in Oklahoma children’s hospitals. A federal judge declined to block the law, reasoning that the healthcare debate surrounding transgender minors is evolving and that states have the right to exercise caution over irreversible procedures for young individuals.
This ruling followed a June decision from the U.S. Supreme Court that supported similar laws in Tennessee, contingent upon the Oklahoma ruling. Judge Joel M. Carson noted that the laws of Tennessee and Oklahoma are “functionally indistinguishable.” He was appointed by former President Donald Trump.
Constitutionality of the Law
The ruling declared that Oklahoma’s laws do not violate constitutional provisions and are not intended to discriminate against transgender minors. Judge Carson stated, “We acknowledge the significance of this issue for all parties involved,” but emphasized the nuanced nature of discussions about how best to protect the health and well-being of children. He further mentioned that the constitutionality of such laws should respect congressional judgment and the serious debates surrounding morality and practicality.
Oklahoma’s Republican Attorney General Gentner Drummond voiced his approval of the court’s ruling on social media.
Reactions from Advocates
On the other hand, the legal representatives for the plaintiffs described the decision as detrimental to transgender youth and their families in Oklahoma. They criticized the recent Supreme Court ruling in Tennessee, labeling the Oklahoma law as overtly discriminatory. A joint statement from the lawyers affirmed, “We and our clients are considering the next step. We want every trans individual and their families in Oklahoma to know that our fight for their rights continues.”
