On November 19–20, Andrew Nussbaum, Chad Blomberg, Michael Francisco, James Compton, and our paralegal Kelly Callender had the privilege of representing the State of Kansas in Lily Loe et al. v. State of Kansas before the Douglas County District Court in Lawrence. Plaintiffs have moved for a temporary injunction against SB 63, Kansas’s Help Not Harm Act, which restricts certain medical interventions for minors experiencing gender dysphoria.
The case presents a significant and novel question under Kansas constitutional law. Earlier this year, the U.S. Supreme Court in United States v. Skrmetti upheld Tennessee’s similar statute against challenge under the federal Equal Protection Clause, holding that such laws do not classify based on sex and are subject to rational basis review. Plaintiffs here seek to circumvent that ruling by arguing that Section 1 of the Kansas Constitution’s Bill of Rights provides broader protections than its federal counterpart. The Douglas County District Court must determine whether Kansas’s equal protection and natural rights guarantees impose greater restrictions on the legislature’s authority to regulate medical interventions for minors than the Fourteenth Amendment.
Over two days of testimony and argument, the State presented evidence from five witnesses: Chloe Cole, a de-transitioner who shared her personal experience; Dr. James Cantor, a psychologist and researcher specializing in gender and sexuality; Dr. Patrick Lappert, a plastic surgeon; Dr. Daniel Weiss, an endocrinologist; and Dr. Farr Curlin, a bioethicist.
It was an honor to work alongside Kansas Attorney General Kris Kobach, who delivered opening and closing arguments and presented the direct examination of Ms. Cole, as well as Solicitor General Tony Powell.
The court is expected to issue a ruling before year’s end.