Court upholds red state's ban on trans surgeries, treatments for minors

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A Missouri state court on Monday upheld a state law banning child mutilation, following a brief two-week trial challenging the legislation.

"The Court has left Missouri’s law banning child mutilation in place, a resounding victory for our children. We are the first state in the nation to successfully defend such a law at the trial court level," state Attorney General Andrew Bailey said in a statement. "I’m extremely proud of the thousands of hours my office put in to shine a light on the lack of evidence supporting these irreversible procedures. We will never stop fighting to ensure Missouri is the safest state in the nation for children."

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Andrew Bailey, Missouri's attorney general, during a House Homeland Security Committee hearing in Washington, D.C., on Jan. 10, 2024. (Graeme Sloan/Bloomberg via Getty Images)

The ruling in Cole County coincides with the U.S. Supreme Court's upcoming review of U.S. v. Skrmetti, a case in Tennessee set to address the constitutionality of the state’s ban on transgender surgical procedures and medications for minors. The decision in this case could jeopardize the future of so-called "gender-affirming" care for minors nationwide.

The Missouri court rejected the argument by the plaintiffs – Emily Noe on behalf of her minor child – stating that "Any person – including a minor – would be able to do anything from meth, to ecstasy, to abortion as long as a single medical professional was willing to recommend it."

The court also noted that such arguments have been routinely dismissed by courts, including the U.S. Supreme Court.

The law, enacted in 2023, has been the subject of legal challenges from trans minors, their families and health care providers. It prevents medical providers from performing trans surgeries and administering hormone treatments such as puberty blockers to people under 18.

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(A decision in an upcoming Supreme Court case could jeopardize the future of so-called "gender-affirming" care for minors nationwide.)

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After Monday's ruling, Missouri became the first state to uphold a ban on such procedures at the trial court level.

President-elect Trump also vowed on the campaign trail last year to outlaw "gender-affirming" procedures on minors and allow medical providers to be prosecuted. There are currently 26 states that have enacted laws or policies that ban or restrict trans surgeries and treatments for minors, while 24 states and the District of Columbia allow it and/or have passed "shield" laws to protect access to it.