(NewsNation) — A Missouri judge has temporarily halted a first-of-its-kind rule restricting access to gender-affirming health care just hours before it was set to take effect.
The rule instated by Republican Attorney General Andrew Bailey places requirements on both minors and adults before they would be allowed to receive gender-affirming treatments, such as puberty blockers or hormones. It was set to take effect Thursday, but transgender Missourians and health care providers sued to stop it from being enforced.
On Wednesday, St. Louis County Circuit Judge Ellen Ribaudo that she would like more time to review the matter before deciding whether to issue a temporary restraining order. She delayed implementation of the rule until 5 p.m. Monday, saying she anticipates she will issue a ruling before then.
Bailey issued the rule as a way to shield minors from what he describes as experimental medical treatments, though puberty blockers and sex hormones have been prescribed for decades.
Tony Rothert, an attorney with the American Civil Liberties Union of Missouri, said in a court hearing Wednesday that regulations “will cause immediate, severe and potentially irreparable harm” for people who could lose access to medications that include puberty blockers and sex hormones.
Rothert and other attorneys have said that transgender people who can’t get gender-affirming care are at risk of suicide.
However, Assistant Attorney General Joshua Divine argued that Bailey’s order does not ban gender-affirming care.
The rule would require documentation of gender dysphoria for three years and therapy over at least 18 months before patients could access gender-affirming medical treatments such as puberty blockers, hormones or surgery.
Some people would be able to maintain their prescriptions while undergoing required assessments.
Critics have raised concerns about children changing their minds. Yet evidence suggests detransitioning is not as common as opponents of transgender medical treatment for youth contend, though few studies exist.
Those suing argue Bailey sidestepped the GOP-led Legislature and acted beyond his authority.
“We don’t allow attorneys general to legislate, and we don’t allow them to play doctor,” Rothert said.
A spokesperson for Bailey said the office will “continue fighting for all patients to have access to adequate health care.”
At least 13 states have enacted laws restricting or banning gender-affirming care for minors.
The U.S. Food and Drug Administration approved puberty blockers 30 years ago to treat children with precocious puberty — a condition that causes sexual development to begin much earlier than usual. Sex hormones — synthetic forms of estrogen and testosterone — were approved decades ago to treat hormone disorders or as birth control pills.
The FDA has not approved the medications specifically to treat gender-questioning youth. But they have been used for many years for that purpose “off label,” a common and accepted practice for many medical conditions. Doctors who treat transgender patients say those decades of use mean the treatments are not experimental.
The Associated Press contributed to this report.
