Kansas Judge Blocks Law on Sex-Changing Drugs for Minors
A judge in Kansas has temporarily halted a state law that aimed to prohibit sex-changing medications for minors. Douglas County State District Judge Carl Folsom III issued a restraining order in response to a lawsuit brought forth by the American Civil Liberties Union of Kansas, representing two transgender teens and their families. They argued that the law likely infringes upon parental rights.
According to Judge Folsom’s 117-page ruling, which noted he was appointed by Democratic Governor Laura Kelly, the ban could cause irreparable harm to transgender minors. He also deemed the evidence supporting the safety and effectiveness of gender-affirming treatment for minors to be credible.
In reaction, Republican Kansas Attorney General Kris Kobach criticized the decision, referring to it as a “clear example of judicial activism” and indicating plans to appeal. Kobach asserted that the judges had created a new constitutional right, allowing parents to seek treatments that are otherwise illegal, even though the state’s constitution does not address such matters.
Harper Seldin, an attorney with the ACLU, remarked that this ruling is a “significant victory” not only for the plaintiffs but for anyone impacted in Kansas.
Last year, Governor Kelly vetoed this law, describing it as “government intrusion” into personal healthcare choices. However, the predominantly Republican Congress overrode her veto. While Judge Folsom’s ruling has blocked the ban on medication for minors, it did not affect a section of the law that prohibits sex-reassignment surgeries for young individuals.
On the same day that Folsom made his ruling, Texas Attorney General Ken Paxton announced a settlement with Texas Children’s Hospital, which aims to establish the first transition clinic while stopping gender reassignment for minors in Texas.
Previously, the Supreme Court upheld a Tennessee law that restricts minors from changing their gender, but the Kansas case is based in state court and pertains to the state’s constitution, meaning it’s not obligated by federal precedent.
