To all persons under the age of 18, and their parents and guardians, where the minor received gender-affirming hormones or would wish to receive them because of their transgender or gender-diverse status
As you may know, since 2023, Indiana law has prohibited medical practitioners from providing gender-affirming hormones to minors who are transgender or gender diverse when the purpose of the hormones is to address a disconnect between the minor’s sex assigned at birth and their gender identity. We are the attorneys who filed a case challenging the law, K.C. v. Individual Members of the Medical Licensing Board of Indiana, No. 1:23-cv-595-JPH-KMP, in the U.S. District Court for the Southern District of Indiana.
On behalf of the minors, we claimed in the lawsuit that the law violated equal protection. On behalf of parents and guardians, we claimed that the law violated the due process right of parents and guardians to obtain necessary medical care for their children. The case was certified as a class action, meaning that we represented not just our clients, but all minors in a similar situation, as well as their parents and guardians. We represent the class as well as the plaintiffs who filed the case.
Although we were successful in obtaining a preliminary injunction stopping the law, that injunction was reversed on appeal. The appeals court found that we were unlikely to succeed on either the due process or equal protection claim. After the appeals court decision was issued, the Supreme Court, in a case called Skrmetti, held that a Tennessee law containing a prohibition similar to Indiana’s did not violate equal protection.
Because the trial court only issued the now-reversed preliminary injunction, and there has been no final decision in our case, the case remains pending. However, given the decisions of the appeals court and the Supreme Court, it does not make sense to continue the case because these prior decisions are binding and conclusive as to the legal claims they resolved. Therefore, we are proposing to dismiss the case.
The attorneys for the State are requiring that dismissal of the class claims noted above be “with prejudice.” This means that the case cannot be filed again, and this applies to class members as well as the plaintiffs who filed the case. However, the State agrees that if there is a change to the law in the future such that the law can be successfully challenged, a plaintiff minor or parent/guardian can seek to reopen the case.
Because this is a class action, the law requires that the case cannot be dismissed without notice to the class and without the Court determining that the dismissal is a fair, reasonable, and adequate resolution of the case. This notice is designed to inform you of the proposed dismissal.
If you have any comments about the proposed dismissal, please notify us by July 24, 2026. You can do so by email or by letter to the address below. The Court will hold a hearing following this period and will determine whether the dismissal should be allowed.
The Court has scheduled a fairness hearing to decide whether to approve the proposed dismissal. The hearing will take place on September 10, 2026, at 1:30 p.m. ET in Room 307 of the U.S. Courthouse, 46 E. Ohio Street, Indianapolis, Indiana.
We will summarize the comments we receive without mentioning the name of the person making the comment. If you would like us to mention your name and disclose your comment, please include the following statement in your comment: “I AUTHORIZE THIS DOCUMENT TO BE PROVIDED TO THE COURT.”
Please note that anything filed in court is a public record, which means that your comment will be available to the public if you authorize its disclosure.
The Court
Thank you very much.
Ken Falk, Legal Director, ACLU of Indiana
Gavin Rose, Deputy Legal Director, ACLU of Indiana
Stevie Pactor, Senior Staff Attorney, ACLU of Indiana
Email: kfalk@aclu-in.org | Phone: 317-635-4059 | Fax: 317-635-4105
Mailing:
ACLU of Indiana
1031 East Washington St
Indianapolis, IN 46202-3952