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
    188 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
      148 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
      -138 months ago

      Does the constitution say that though?

      • @jeffwM
        link
        208 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
          -148 months ago

          You’re making massive leaps

          • @jeffwM
            link
            98 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
              -108 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
                link
                88 months ago

                A court made that decision.

                • @LufyCZ
                  link
                  -38 months ago

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

                  • @jeffwM
                    link
                    38 months ago

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

            • @LufyCZ
              link
              -48 months ago

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

              • @[email protected]
                link
                fedilink
                98 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
                  -78 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.

                  • @[email protected]
                    link
                    fedilink
                    58 months ago

                    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.

        • @LufyCZ
          link
          -38 months ago

          Right to healthcare or the right of privacy in healthcare?

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

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

          • @Zombiepirate
            link
            English
            38 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.