LOUISVILLE, Ky. (WDRB) -- The American Civil Liberties Union of Kentucky has filed an emergency motion asking an appeals court to lift a ban on gender-affirming care for minors in the state.
Senate Bill 150 went into effect Friday after U.S. District Judge David Hale lifted an injunction he issued last month that had temporarily blocked a portion of the law prohibiting the use of puberty blockers and hormones on minors.
Tuesday, the ACLU of Kentucky filed an emergency motion for relief with the Sixth Circuit U.S. Court of Appeals, asking the court to lift the ban on gender-affirming care.
In a statement, the ACLU cited "irreparable harm" to transgender minors in the commonwealth.
Lifting the stay would stop the ban from being implemented as appeals play out through the courts.
"If the Sixth Circuit does not act on our emergency motion, SB 150 will cause the irreparable harm the preliminary injunction was intended to prevent. Kentucky doctors will be prohibited from continuing to provide appropriate, recommended, and necessary care to transgender minors, who will suffer severe psychological and physical harm as a result," Corey Shapiro, the ACLU of Kentucky's legal director, said in a news release. "We are asking the Sixth Circuit simply to allow transgender youth in Kentucky to continue to receive the very same medical care previously prescribed by their health care providers."
Seven Kentucky transgender children and their parents have sued to block the law. They argue that it violates their constitutional rights and interferes with parental rights to seek established medical treatment for their children.
Last month, Hale's injunction blocking portions of the Kentucky law came a day before the measure was to take effect. At the time, the judge said the plaintiffs showed “a strong likelihood of success on the merits” of their constitutional challenges.
The lawsuit challenges sections of the Kentucky law banning puberty blockers and hormone therapy for transgender minors. It didn’t take aim at other sections dealing with school bathroom policies, guidance for teachers regarding student pronouns and rules on teaching about gender identity and sexual orientation.
The sweeping transgender legislation was passed this year by Kentucky's GOP-dominated Legislature over Democratic Gov. Andy Beshear's veto. Beshear said the measure allowed “too much government interference in personal healthcare issues.”
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