A local advocate against the gender reassignment of children and teens is saddened by a St. Louis judge’s decision to block Attorney General Andrew Bailey’s emergency rule that limits gender-affirming healthcare for adolescents and adults.
“Most of these children, and there are plenty of studies that show this, are basically confused gay kids,” said Chris Barrett, Gays Against Groomers Missouri chapter leader.
Barrett was reacting to the news that Judge Ellen H. Ribaudo of the 21st Judicial Circuit granted a temporary restraining order against Bailey’s restrictions on gender-affirming care for children and adults.
“It’s a battle to save kids who are like me,” Barrett told the St. Louis Record. “Adults can do what they want but if children can make it through to adulthood and have feel that confusion, then fine go right ahead and do what you need to do. But this judge is endangering gay kids. It's insane.”
Lambda Legal, Southampton Community Healthcare, and the American Civil Liberties Union sued Bailey on April 24 in St. Louis County Court after he issued a directive on April 13 clarifying that state law already prohibits performing experimental procedures, such as gender transition interventions.
But Ribaudo’s opinion, granting Lambda Legal’s motion for a Temporary Restraining Order, delays the effective date of Bailey’s rule until May 15.
“The Court finds that the Plaintiffs have met their burden regarding their likelihood of success on the merits as this is a novel use of the Attorney General’s power to promulgate emergency rules under the Missouri Merchandising Practices Act that has never previously been subjected to judicial scrutiny and may impermissibly invade a function reserved to the legislature,” Ribaudo ruled on May 1.
A hearing is scheduled for May 11 to consider a preliminary injunction, which would extend the TRO through the duration of the litigation.
“Healthcare is, when following the standards of care, always an individualized assessment in the course of providing gender-affirming care and it should be in the hands of healthcare providers and families to work through the assessment of the needs of the young person or adult as to whether they need gender-affirming care,” said Kara Ingelhart, Lambda Legal senior attorney.
As previously reported in the St. Louis Record, under Bailey’s emergency guidance, individuals would have to undergo a gender-dysphoria diagnosis for three years before beginning care. Another provision demands 18 months of counseling before accessing care and requires informed written consent, screening for social media addiction, screening for autism, and assurance that the patient is not experiencing social gender identity contagion.
"The Attorney General can continue trying to do whatever he can do and double down, and I would certainly support that," Barrett added. "We have legislation in the Missouri House, SB 49, that's being held up that needs to be passed because it will ban this stuff altogether for kids. That's what really needs to happen. The public should contact their Democrat and Republican representatives."