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.

  • @jeffwM
    link
    3811 months ago

    That’s an odd take. Courts interpret laws. What law or constitutional measures forces them to ban healthcare?

    • @LufyCZ
      link
      411 months ago

      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

      • @jeffwM
        link
        1811 months ago

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

        • @gedaliyahM
          link
          1411 months ago

          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

        • @LufyCZ
          link
          -1311 months ago

          Does the constitution say that though?

          • @jeffwM
            link
            2011 months ago

            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.

            • @LufyCZ
              link
              -1411 months ago

              You’re making massive leaps

              • @jeffwM
                link
                911 months ago

                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.

                • @LufyCZ
                  link
                  -1011 months ago

                  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.

                • @LufyCZ
                  link
                  -411 months ago

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

                  • @[email protected]
                    link
                    fedilink
                    911 months ago

                    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.

            • @LufyCZ
              link
              -311 months ago

              Right to healthcare or the right of privacy in healthcare?

              • @[email protected]
                link
                fedilink
                English
                411 months ago

                The right for the people to determine what healthcare means for their individual selves.

              • @Zombiepirate
                link
                English
                311 months ago

                Go on and elaborate on what you think the right to privacy means in the US.

                The Supreme Court, however, beginning as early as 1923 and continuing through its recent decisions, has broadly read the “liberty” guarantee of the Fourteenth Amendment to guarantee a fairly broad right of privacy that has come to encompass decisions about child rearing, procreation, marriage, and termination of medical treatment.