On Monday, November 25, a Missouri court ruled that the state would continue to enforce a law prohibiting minors from undergoing gender-affirming surgeries. The judge stated that there is still controversy within the medical community regarding the ethical considerations of gender-affirming surgeries and transgender treatments, with a lack of consensus, hence the judge supported the continuation of the ban.
Judge R. Craig Carter of the Cole County Circuit Court in Missouri mentioned in the ruling that the plaintiffs failed to provide sufficient evidence to support their claims, particularly regarding whether the medical community has reached a consensus on the ethical and moral aspects of using surgeries and medications to treat gender dysphoria in youth.
Furthermore, the plaintiffs also did not present enough long-term studies to assess the potential consequences of these treatments. Therefore, in the absence of consensus and research evidence on these issues, the court decided to uphold the state law prohibiting minors from undergoing gender-affirming surgeries.
“States have a responsibility to ensure that medical professionals maintain high standards of integrity and ethics,” wrote Judge Carter. “The ethics of gender-affirming treatments for adolescents remains a sensitive ethical area within the medical community, with insufficient scientific research or empirical data to clearly guide decision-making.”
The official name of this law is the “Save Adolescents from Experimentation Act” (SAFE Act), which prohibits medical facilities from prescribing puberty blockers and cross-sex hormones to individuals under 18 or performing gender-affirming surgeries.
Due to the law not being retroactive, minors who received prescriptions for “gender-affirming” medications before August 28, 2023, can continue using these medications without the restrictions of the new law.
The law also stipulates that patients have up to 15 years after the end of treatment or their 21st birthday to file civil lawsuits against medical facilities. If patients suffer harm from transgender surgeries, such as infertility, they could receive at least $500,000 in compensation, with no upper limit.
Medical providers must demonstrate that the treatments they offer comply with medical standards and ethical requirements.
Missouri Governor Mike Parson signed this law in June 2023. Parson stated that children may make irreversible decisions about treatments without fully understanding the consequences and risks involved.
Parson said, “These treatments could have a permanent impact on an individual’s life and should not be made by children who may be in emotional or psychological distress, nor should they be influenced by others’ political views.”
The law faced legal challenges in July 2023.
An alliance composed of LGBTQ activists, healthcare providers, and three families with gender dysphoric children in Missouri filed a lawsuit against the state, alleging that the “Save Adolescents from Experimentation Act” violated parental autonomy.
The ACLU of Missouri and the minority rights organization Lambda Legal issued a joint statement expressing their “extreme disappointment” with the ruling and stating that they would appeal.
Missouri Attorney General Andrew Bailey welcomed the ruling.