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ACLU sues Indiana over ban on gender transition care for minors, calls new law 'unconstitutional'

Protestors of SB 480.jpg
Posted at 3:46 PM, Apr 05, 2023
and last updated 2023-04-05 23:20:45-04

INDIANAPOLIS — The Indiana ACLU has filed a lawsuit against the State of Indiana challenging a law banning doctors from being able to prescribe hormones or puberty blockers to transgender youth.

Governor Eric Holcomb signed SB 480 along with 11 other bills into law on April 5.

Senate Bill 480 prohibits physicians or practitioners from knowingly providing gender transition procedures to a minor. It also prohibits them from referring minors to other practitioners for those procedures. It also allows the Indiana Attorney General to investigate and "bring action to enforce compliance."

In a press conference Wednesday afternoon, the ACLU announced their lawsuit filed on behalf of four transgender youth and their families, a doctor and a health care clinic, challenging the Indiana law.

The ACLU claims the law violates the U.S. Constitution as well as the federal requirements of the Medicaid Act and the Affordable Care Act "because it prohibits essential medial services that would otherwise be authorized and reimbursed by Medicaid."

Under the new law, transgender youth already receiving gender-affirming care as of July 1, 2023, will lose access after six months.

Those who are going to be directly impacted by the legislation have been vocal about what it means for their family.

"Our ability to care for our daughter is being taken away, knowing that our daughter is going to be forced to go through a testosterone rich puberty, it’s taken a drastic toll on all of our mental health,” Beth Clawson said.

Clawson is concerned about her daughter, who is transgender.

“I have zero concern about the temporary pausing of puberty for my child. Whereas, I have so many concerns about her actually having to go through the incorrect puberty,” Clawson said.

You can watch the full press conference with the ACLU and impacted families below.

Governor Holcomb issued the following statement about his decision to sign SB 480 into law.

“Permanent gender-changing surgeries with lifelong impacts and medically prescribed preparation for such a transition should occur as an adult, not as a minor. There has and will continue to be debate within the medical community about the best ways to provide physical and mental health care for adolescents who are struggling with their own gender identity, and it is important that we recognize and understand those struggles are real. With all of that in mind, I have decided to sign SB 480 into law.”