In May of last year, Gov. Kevin Stitt signed Senate Bill 613 into law. The language in the bill restricts transgender youth from receiving gender-affirming care. The ACLU has been fighting back ever since.

The law also penalizes healthcare professionals who provide gender-affirming care, such as hormone replacement therapy, to minors. Care providers can be stripped of their license or charged with a felony if found in violation.

On Wednesday, the 10th Circuit Court of Appeals in Denver, CO heard the opening arguments. The lawsuit was originally filed by the ACLU on May 2, 2023, only one day after it was signed into law. However, lower courts have previously dismissed the case. This prompted the ACLU to appeal the dismissal in the Court of Appeals.

“Let’s be clear: this law and the continued attacks on trans youth by Oklahoma politicians are having devastating effects on our community,” stated Megan Lambert, Legal Director for ACLU of Oklahoma in a press statement. She continued, “Not only do trans youth deserve the adequate health care these laws are trying to deny them, but they have the right to access gender-affirming health care under the Equal Protection Clause of the 14th Amendment.”

The ACLU joined forces with Lambda Legal and Jenner & Block LLP on the lawsuit. Lambda Legal specializes in civil rights with a focus on the LGBTQ+ community.

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Representing five Oklahoma transgender adolescents and their families is Omar Gonzalez-Pagan, Counsel and Health Care Strategist with Lambda Legal.

“Since the state has enforced Oklahoma SB 613 the health and well-being of transgender adolescents [are] in danger and currently face irreparable harm,” he began.

Gonzalez-Pagan claims the law “discriminates on the basis of sex and cannot be justified under heightened scrutiny.”

Representing the Oklahoma Attorney General is Garry Gaskins, Solicitor General for the state. In his opening statement, he brings up puberty-blocking drugs. The drug works by blocking testosterone and estrogen hormones that lead to puberty-related changes in the body.

Healthcare providers can use the same drug for all individuals, regardless of the sex assigned at birth. It is on this idea that he claims this law does not discriminate on the basis of sex. 

There has been debate about the safety of puberty-blocking drugs. As with any prescription, there is always the chance of side effects or adverse effects. Doctors consider these effects but choose to prescribe medications if the benefits outweigh the risks. If an individual stops using puberty blockers, their body will gradually reverse the effects over time.

During remarks the Judge stated, “Whatever is decided there will be some minor children who are injured. If we say ‘Yes you are correct you win,’ there will be some transgender children who…would have been better served to have the treatment. Why is it not better to leave that with the parents rather than the state?” 

Only opening arguments were heard this week and the lawsuit will develop over the coming months.