A St. Louis judge has denied an attempt to prevent a new law barring gender affirming care for transgender youth from going into effect.
Earlier this summer, a number of plaintiffs sued to block the law barring transgender minors from accessing things like puberty blockers and hormone therapy. They contended, among other things, that the law violated state guarantees of equal protection.
But in a ruling released on Friday afternoon, St. Louis Circuit Judge Steven Ohmer denied a request for a preliminary injunction. That means the new law will go into effect on Monday while the case is heard.
Ohmer wrote that the plaintiffs’ “position in regard to constitutional violations is unpersuasive and not likely to succeed” and that “the science and medical evidence is conflicting and unclear.”
“The court further finds that petitioners have not clearly shown a sufficient probability of success on the merits to justify the grant of a preliminary injunction,” Ohmer wrote. “Petitioners have not clearly shown a sufficient threat of irreparable injury absent injunctive relief. The balance between the harm to petitioners and injury to others does not clearly weigh in favor of granting a preliminary injunction.”
The move is a win for Missouri Republicans, who made passage of the new law a major priority in the 2023 legislative session. It made it through the Senate after Democrats placed language in the measure exempting transgender youth who are already using hormone therapy or puberty blockers. Sen. Mike Moon’s bill would also expire after four years.
“I’ve said from day one as Attorney General that I will fight to ensure that Missouri is the safest state in the nation for children. This is a huge step in that direction,” said Attorney General Andrew Bailey in a statement. “What a day."
Tom Bastain, a spokesman for the ACLU of Missouri, said in an email, “While we are disappointed in and disagree with the court’s ruling, we will not stop fighting to protect the rights of transgender people in Missouri.”
“The case is not over and will go to a full trial on the merits,” Bastain said.
But detractors of the new law, which is similar to what’s passed in other GOP-controlled states, have said it will deprive transgender youth of key health care options.
Yamelsie Rodríguez, president and CEO of Planned Parenthood of the St. Louis Region and Southwest Missouri, said the law is “a shameful mark on our state.”
“On Monday, trans and gender-expansive young Missourians will have their rights stripped away — unless a higher court intervenes,” Rodriguez said. “They are terrified and furious that Missouri politicians are using ideology and junk science to deny them life-saving health care and erase their existence — and we are right alongside them. Politicians have no business probing around or dictating what care can be provided in our exam rooms.”
Rodriguez said her agency “will work with patients to get the care they need in Missouri, or, in Illinois, where gender-affirming care is protected under state law.”
“No matter what, our doors are open, and we’ll do all we can to provide Missourians with the care they want and need to live a dignified and authentic life,” Rodriguez said.
Moon’s bill also bars the state’s Medicaid program from covering hormone therapy or gender transition surgery. It also bans people who are incarcerated from accessing hormone therapy or gender transition surgery.
Ohmer is scheduled to hear the full case on Sept. 22.
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