ACLU sues Indiana over law banning transgender care for youth

by Stephen Neukam - 04/05/23 4:30 PM ET

People, holding up signs like "Protect Trans Kids," participate in a protest to support trans rights. — Erich Schlegel, Associated Press for Human Rights Campaign
LGBTQ advocates including representatives from Equality Texas, the Transgender Education Network of Texas, Texas Freedom Network, ACLU of Texas, Lambda Legal, medical and health care professionals, and parents of transgender children rally at the Texas state Capitol May 4, 2021, in Austin to stop proposed medical care ban legislation that would criminalize gender-affirming care.

The American Civil Liberties Union (ACLU) filed a lawsuit against Indiana for its law that banned all gender-affirming care for minors that was signed by the state’s governor Wednesday, saying the statute violates patient rights.

The national and Indiana state branch of the ACLU filed the suit in a federal court after Indiana Gov. Eric Holcomb (R) signed the bill that saw his state join at least 12 others that have restricted or banned such care.

But the lawsuit filed by the ACLU on behalf of four transgender youth, a doctor and a health care clinic alleges that the new law violates the equal protection clause of the 14th Amendment and federal Medicaid and Affordable Care Act requirements by prohibiting care that would otherwise be authorized and reimbursed by the federal government programs.

The 47-page lawsuit asks the court to find the law unconstitutional and asks for it to block the state from enforcing the measures.

The bill that blocks people under the age of 18 from accessing hormone therapies, puberty blockers and gender-affirming surgeries in the state was signed just a day after Holcomb criticized the legislation as being “as clear as mud.”

“It wasn’t part of my agenda,” Holcomb told reporters Tuesday. “I’ve told some people very close to me: This is clear as mud. There’s some vagueness to it. So I want to make sure I completely understand.”

But after signing the bill on Wednesday, Holcomb said in a statement that gender-affirming surgeries should happen “as an adult.”

“Permanent gender-changing surgeries with lifelong impacts and medically prescribed preparation for such a transition should occur as an adult, not as a minor,” the statement said.

But ACLU leaders said the bill would have “devastating” effects for minors seeking such care.

“This law would be devastating to trans youth and their families, causing them serious injuries and forcing those who can to uproot their lives and leave the state to access the gender-affirming care they need,” Ken Falk, ACLU of Indiana legal director, said in a statement.

An ACLU spokesperson said on Twitter that the Indiana lawsuit was the first of eight different suits the group plans to file on new bans on youth transgender care in the coming weeks. That includes suits in Oklahoma, Kentucky, Tennessee and more.