A federal appeals court is allowing Kentucky to enforce a recently enacted ban on gender-transition care for young transgender people while the issue is being litigated.
The 2-1 decision Monday from the Sixth U.S. Circuit Court of Appeals in Cincinnati is not unexpected. The same three-judge panel ruled the same way earlier this month on a similar case in Tennessee.
In Kentucky, U.S. District Judge David Hale had initially blocked Kentucky from enforcing the ban. But he lifted that injunction July 14, after the Sixth Circuit issued its ruling in the Tennessee case. In the Tennessee case, the judges wrote that decisions on emerging policy issues like transgender care are generally better left to legislatures rather than judges. They offered a similar rationale Monday in the Kentucky case.
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