The Oklahoma attorney general's office has filed a binding agreement not to enforce the state’s gender-confirming health care ban for minors following pending litigation.
Senate Bill 613 was signed by Gov. Kevin Stitt on May 1, immediately prohibiting minors from receiving gender-confirming health care in the state. The bill included a six-month grace period for individuals currently receiving care to begin weaning off their prescriptions.
A lawsuit was filed in conjunction with the American Civil Liberties Union, ACLU of Oklahoma, Lambda Legal, Jenner & Block LLP, medical providers and families with trans minors the same day Stitt signed the bill. The families and providers allege the ban violates the rights protected under the Equal Protection Clause of the 14th Amendment.
Attorney General Gentner Drummond released a statement explaining the decision to halt enforcement.
"The attorney general's office continues to fulfill its duty to defend Senate Bill 613," the statement reads. "A temporary stay of enforcement simply allows more time to mount the strongest possible defense."
In a statement, the ACLU of Oklahoma, ACLU, Lambda Legal and Jenner & Block LLP said they welcome this opportunity and expect all state officials to abide by the agreement while their lawsuit is pending.
“SB 613 is a cruel intrusion by the state into the rights of families and their children’s doctors with grave costs for transgender adolescents across the state, and we remain confident the court will see through this unconstitutional attack on their rights and lives,” the statement reads.
The non-enforcement agreement will allow minors to continue accessing gender-confirming care in Oklahoma, according to the statement.
Freedom Oklahoma Executive Director Nicole McAfee celebrated the non-enforcement announcement in a statement, adding the organization will continue to join partners in securing access to care without barriers.
Great news from our friends at @acluok this evening, announcing a non-enforcement agreement with the Attorney General on SB 613 ahead of a decision on preliminary injunction from the court. We're taking a moment to celebrate, even as we continue the fight. https://t.co/hFPIL7tEvS pic.twitter.com/684CAsjgSd
— Freedom Oklahoma (@FreedomOkla) May 18, 2023
Editor's note: This story was updated at 2:15 p.m. on May 19 to include a statement from the Oklahoma attorney general's office.
This story was edited by Teegan Smith. Mary Ann Livingood copy edited this story.
