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.

  • @LufyCZ
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    49 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
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      189 months ago

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

      • @gedaliyahM
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        149 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
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        -139 months ago

        Does the constitution say that though?

        • @jeffwM
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          209 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
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            -149 months ago

            You’re making massive leaps

            • @jeffwM
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              99 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
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                -109 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.

                • @jeffwM
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                  89 months ago

                  A court made that decision.

                  • @LufyCZ
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                    -39 months ago

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

              • @LufyCZ
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                -49 months ago

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

                • @[email protected]
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                  99 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
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                    -79 months ago

                    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.

          • @LufyCZ
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            -39 months ago

            Right to healthcare or the right of privacy in healthcare?

            • @[email protected]
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              49 months ago

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

            • @Zombiepirate
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              39 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.