Missouri Judge Will Be Replaced In Transgender Health Care Case

Families, health care providers and organizations seeking to overturn Missouri's health care restrictions on gender affirmation will have a new judge in their case.

After Friday's hearing, St. Louis County District Judge Attorneys did not say why they did not want Omer to stand trial, but declined to issue an injunction barring him from prosecution while the case continues. Although he allowed the motion to dismiss the charges, Omer denounced them as "gambling."

The Missouri law, signed in June by Republican Gov. Mike Parsons, bans hormone therapy, puberty blockers and sex-reassignment surgery for people under 18 and allows it for cisgender teenagers with developmental disorders. or any other situation that requires its use. Transgender minors who are already taking hormones or puberty blockers can continue to take them but not start treatment. The law prohibits gender-specific care for incarcerated adults in Missouri and prevents the state Medicaid program from covering such care for people of all ages. The attorney general had imposed similar restrictions but lifted them when lawmakers acted.

Three transgender families, Southampton Community Healthcare and two of its medical providers, as well as the organizations PFLAG and GLMA filed suit against the law. Lambda Legal is represented by the American Civil Liberties Union of Missouri and Brian Cave of Leighton Paisner LLP. The ban violates the constitutional guarantee of equal protection of the laws, interferes with the right of parents to control their health, and causes irreparable harm to those affected.

In denying the plaintiffs' request for an injunction, Omer wrote in August that they "fail to establish a sufficient threat of harm without further relief and there is no clear public interest in the injunction." "The scientific and medical evidence is contradictory and unclear," he added. "As a result, the evidence raises more questions than it answers." The law entered into force on August 28.

The Missouri Supreme Court will appoint Omer to oversee the case and select a successor. He was the second judge already assigned to the case, according to attorneys for the plaintiffs who said they would seek to replace Cole County Judge Daniel Green if he is appointed. Green immediately denied himself.

So Missouri Attorney General Josh Devine, who represents the state, opposed Omer's replacement. He said the plaintiffs have a new judge. "However, Omer ruled that Green's proactive approach did not prevent the plaintiffs from exercising their right to change the judge," the AP reported.

Tony Roesert, an attorney for the ACLU of Missouri, said the law was clearly established but did not explain why the plaintiffs filed the suit.

Omer recognized this right, but criticized the legal move. "This case is a lot of posting and gambling," he said at the hearing, APA. "The wheels of justice continue to turn in the mud," he added. The appointment of a new judge could push the case into next year, he said.

Twenty-two states have banned some or all gender confirmation procedures for trans youth. Some laws have been blocked or struck down by the courts.

Kentucky passed an anti-trans law