A Kansas judge has temporarily blocked a law banning gender-transition treatments for minors in the state, granting an injunction requested by parents of two teenagers who want to continue such treatments with medicines.
State District Judge Carl Folsom III sided with the teens' parents, who sued to halt the law, arguing they have the right to make decisions regarding their children's health, according to court documents and a statement from the American Civil Liberties Union (ACLU), which represents the plaintiffs.
“This is an enormous relief to our clients and families across the state of Kansas,” ACLU attorney Harper Seldin said in a statement.
The Kansas attorney general, Kris W. Kobach, a Republican, plans to appeal the decision, according to local media reports. If Folsom’s injunction is upheld, it would remain in effect for the duration of the lawsuit. Kobach called the ruling “a stark example of judicial activism,” according to the New York Times.
The Kansas law, passed by the Republican-controlled state legislature in January over Democratic Governor Laura Kelly’s veto, prohibits gender-affirming medical treatments such as hormone therapies and puberty suppressants for transgender youth diagnosed with gender dysphoria. Although the U.S. Supreme Court last year ruled that states can ban gender-affirming care for minors, the lawsuit that prompted Friday’s injunction argues that the Kansas law violates the state constitution.
Folsom, a Kelly appointee, found a “substantial likelihood” that the lawsuit will succeed. “Specifically, the Court concludes that Plaintiffs are likely to prevail based on the right to personal autonomy set out in Section 1 of the Kansas Constitution Bill of Rights and a parent’s fundamental right to make medical decisions for their children,” Folsom wrote.
