A federal judge in Oklahoma has rejected a request to block a new state law that makes it a felony crime for health care workers to provide gender transition procedures to minors.
The law, Senate Bill 613, which bans medical treatments like puberty-blocking drugs or hormone therapy for those under 18, was passed in May by the Republican-controlled Legislature and signed by Gov. Kevin Stitt, a Republican.
Senate Bill 613 includes a six-month transition period for minors who were already receiving puberty-blocking drugs or cross-sex hormones, with this grace period set to conclude early next month.
The decision by U.S. District Court Judge John Heil III came late Thursday and marks a significant development in the ongoing legal battle over Senate Bill 613.
In his opinion and order, Judge Heil rejected the plaintiffs’ plea for a preliminary injunction, drawing significant support from two recent appeals court rulings that had upheld the likely constitutionality of bans on transgender health care in Alabama, Tennessee, and Kentucky.
In his order, Judge Heil emphasized that the plaintiffs had failed to demonstrate that parents have a fundamental right to decide if their children can undergo “irreversible” hormone therapies.
State AG Says He'll Defend the Law
The law had been under temporary suspension, pending the outcome of the legal challenge, as part of an agreement between the plaintiffs and Oklahoma Attorney General Gentner Drummond, whose office is responsible for defending SB 613.Following the judge’s decision, Mr. Drummond’s office affirmed its commitment to defending the law.
“The attorney general’s office continues to fulfill its duty to defend Senate Bill 613 and has won a ruling that results in full enforcement of that law,” said Phil Bacharach, a spokesperson for Mr. Drummond.
The plaintiffs in the case, which include a medical provider and the family members of children who identify as transgender in Oklahoma, had sought a preliminary injunction to halt the enforcement of the new law.
They argued that SB 613 violates the 14th Amendment’s Equal Protection Clause by discriminating on the basis of sex and transgender status. They also contended that the law infringes upon their 14th Amendment Due Process rights by restricting their fundamental right to seek and adhere to medical guidance for their children.
The decision not to grant the preliminary injunction means that, for now, SB 613 remains in effect, making it a felony crime for health care workers to provide gender transition medical care to transgender youth in Oklahoma.
The plaintiffs in the case, represented by legal advocates such as the American Civil Liberties Union (ACLU), the ACLU of Oklahoma, Lambda Legal, and the law firm Jenner & Block LLP, issued a joint statement in response to Judge Heil’s decision.
In their statement, they expressed their intent to appeal the judge’s ruling and condemned it as a “devastating result for transgender youth and their families.”
“Denying transgender youth equality before the law and needlessly withholding the necessary medical care their families and their doctors know is right for them has caused and will continue to cause serious harm, ” the statement continued.
Similar laws have been enacted in around 22 states, and also face legal challenges.
The Oklahoma ruling follows a shift in the legal landscape, where earlier federal judges had ruled these bans as likely unconstitutional. However, recent appeals court decisions in July made by Chief Judge Jeffrey Sutton, a George W. Bush appointee, and Judge Amul Thapar, a Trump appointee, have suggested that such bans could be upheld if a judge chose to do so.
