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10th Circuit Upholds Oklahoma Ban on Gender-Affirming Care for Transgender Youth

It cements felony penalties for providers under S.B. 613 by invoking the Supreme Court’s recent U.S. v. Skrmetti ruling.

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Overview

  • The 10th U.S. Circuit Court of Appeals unanimously upheld a lower court’s decision to deny a preliminary injunction against Oklahoma’s S.B. 613.
  • The panel cited the Supreme Court’s June ruling in U.S. v. Skrmetti to conclude that Tennessee’s and Oklahoma’s bans hinge on medical purpose rather than sex discrimination.
  • Oklahoma’s law, enacted in 2023 and signed by Gov. Kevin Stitt, classifies the prescription of puberty blockers and gender-affirming hormones to minors as a felony offense.
  • Five families of transgender children and an Oklahoma City physician sued under the Equal Protection Clause and Section 1557 of the Affordable Care Act, alleging discriminatory intent tied to a 2022 pause in care.
  • With no further appeal avenue in the 10th Circuit, plaintiffs represented by Lambda Legal and the ACLU are weighing a petition for Supreme Court review.