Federal court rules Indiana ban on gender-affirming care for minors can take effect

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Federal court rules Indiana ban on gender-affirming care for minors can take effect
pbs.org

A federal appeals court on Tuesday allowed Indiana’s ban on gender-affirming care to go into effect, removing a temporary injunction a judge issued last year.

The ruling was handed down by a panel of justices on the 7th Circuit Court of Appeals in Chicago. It marked the latest decision in a legal challenge the American Civil Liberties Union of Indiana filed against the ban, enacted last spring amid a national push by GOP-led legislatures to curb LGBTQ+ rights.

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Yes, they interpret what the lawmakers have written. If lawmakers made a law saying minors shouldn't receive healthcare, that's what the court should say.

Not taking sides btw, if I was I'd just get mad at the state of US politics

They can say “it’s not constitutional to ban healthcare.” They aren’t bound only by the text of the law.

The lawsuit, first filed in U.S. District Court in the Southern District of Indiana, alleges that Senate Bill 480 violates the U.S. Constitution on multiple fronts, including the Equal Protection Clause of the Fourteenth Amendment. In addition, the lawsuit claims that the law violates the federal requirements of the Medicaid Act and the Affordable Care Act, because it prohibits essential medical services that would otherwise be authorized and reimbursed by Medicaid

Via ACLU

Does the constitution say that though?

I’m quite sure a constitutional scholar could come up with a well worded reply to make that argument in detail. I’ll just say that I think part of individual liberty is accessing healthcare.

You're making massive leaps

The constitution doesn’t say we have a right to lay bricks so we should ban construction, right? Reading into the constitution and assuming they understood modern brick making would be a massive leap.

Or something like that? I don’t really get what you’re saying.

The law on the ban for youth care was challenged in court, the courts decided the law is not against the constitution, and so it can take effect.

A court made that decision.

Not sure how that's a gotcha, sure, a court, has the same weight either way

And another court could overturn it. Because courts aren’t bound by the text of the laws.

Where?

Where they constructed a right for healthcare out of the word liberty.

Right, I’m asking how that doesn’t follow. You don’t have a right to force doctors to specialize in something you want them to, but being restricted by your government from accessing modern healthcare endorsed by the AMA and APA doesn’t seem like liberty to me.

Let's take it from the other side.

Should I have the liberty to not pay taxes? The liberty to dump my garbage into a lake? The liberty to burn a forest down?

You're flexing words into meanings that suit you, but if they actually were possible to be interpreted this widely, it'd be chaos.

Those each hurt third parties, which is a very good reason to restrict a liberty. This one doesn’t, so I don’t really see how it fits with the others.

But that's an opinion, isn't it? We all don't have the same opinions, that's why politics is a thing?

Maybe transcare hurts someone's feelings, you might not agree with that, but we live in a world where their opinion matters, too, for better (or in this case) for worse.

Feelings being hurt does not meet the standard of restriction outside of abuse or harassment, which this is not. That’s not a political opinion, and anyone telling you it is is trying to distort your view of reality. Being trans, gay, or having any immutable characteristic cannot possibly have the same effect on people as targeted abuse or harassment.

"cannot possibly" is your opinion, it's just not a fact. Look at how hard they're trying to ban it, it clearly matters a lot to some ppl for some reason

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