A federal appeals court is allowing Kentucky to enforce a recently enacted ban on gender-affirming care for young transgender people while the issue is being litigated.
The 2-1 decision Monday from the Sixth U.S. Circuit Court of Appeals in Cincinnati is not unexpected. The same three-judge panelThe Kentucky law, enacted this year over the veto of Democratic Gov. Andy Beshear, prevents transgender minors from accessing puberty blockers and hormone therapy.
In Kentucky, U.S. District Judge David Hale had initially blocked Kentucky from enforcing the ban. But he lifted that injunction July 14, after the Sixth Circuit issued its ruling in the Tennessee case. In Monday’s ruling, judges Jeffrey Sutton, an appointee of former President George W. Bush, and Amul Thapar, an appointee of former President Donald Trump, said that the issues in the Kentucky case are essentially identical to those in Tennessee.
“The people of Kentucky enacted the ban through their legislature,” the judges wrote. “That body — not the officials who disagree with the ban — sets the Commonwealth’s policies.”
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