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Poe v. Drummond
What's at Stake
Families, transgender adolescents, and their medical providers are challenging a new law, signed by Governor Kevin Stitt in May 2023, that imposes criminal penalties on healthcare providers who provide age-appropriate medical care for transgender adolescents. Such restrictions are opposed by leading medical experts and organizations, including the American Medical Association, the American Psychiatric Association, and the American Academy of Pediatrics. According to the Williams Institute of UCLA, there are an estimated 2,600 transgender youth ages 13-17 in Oklahoma.
Summary
In a lawsuit filed by the American Civil Liberties Union, the ACLU of Oklahoma, Lambda Legal, and the law firm Jenner & Block LLP, a group of families with transgender adolescents and a medical provider who supports trans youth assert SB 613 unjustly and unfairly targets them and gender-affirming health care in violation of their rights under Equal Protection Clause of the 14th Amendment and Section 1557 of the Affordable Care Act. The lawsuit also alleges that the September 2022 decision to stop providing gender-affirming care to transgender adolescents at Oklahoma University hospitals to maintain access to COVID funding relief violated both the Equal Protection Clause of the 14th Amendment and Section 1557 of the Patient Protection and Affordable Care Act.
SB 613 bans all forms of gender-affirming medical treatment for transgender youth and threatens providers who violate the law with a felony conviction and discipline from their professional licensing boards.
In September 2022, Oklahoma state legislators threatened to withhold COVID relief funding from Oklahoma University hospitals if they did not end their program supporting transgender youth. In March 2023, the Oklahoma legislature censured Rep. Mauree Turner, the state’s only openly nonbinary lawmaker.
Update: On October 5, 2023, the District Court denied Plaintiffs’ Motion for Preliminary Injunction regarding SB 613, which is now in effect. Plaintiffs filed a Notice of Appeal with the Tenth Circuit Court of Appeals on October 5, 2023. But the lawsuit continues, and Plaintiffs will urge the Tenth Circuit to stop this unconstitutional law from continuing to harm transgender youth, their families, and their healthcare providers.
Legal Documents
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12/29/2023
Reply Brief for Plaintiffs-Appellants -
12/18/2023
Amicus Briefs in Support of Defendants-Appellees -
- Amicus Brief of Family Research Council in Support of Defendants-Appellees
- Amicus Brief of Alabama et al. in Support of Defendants-Appellees
- Amicus Brief of Alliance Defending Freedom in Support of Defendants-Appellees
- Appendix to Amicus Brief of Alliance Defending Freedom in Support of Defendants-Appellees
- Amicus Brief of Do No Harm and Oklahoma Council of Public Affairs in Support of Defendants-Appellees
Poe v. DrummondLegal DocumentsAmicus Brief of Family Research Council in Support of Defendants-AppelleesDate Filed: 12/12/2023
Court: Appeals Court (10th Cir.)
Affiliate: Oklahoma
Download DocumentPoe v. DrummondLegal DocumentsAmicus Brief of Alabama et al. in Support of Defendants-AppelleesDate Filed: 12/18/2023
Court: Appeals Court (10th Cir.)
Affiliate: Oklahoma
Download DocumentPoe v. DrummondLegal DocumentsAmicus Brief of Alliance Defending Freedom in Support of Defendants-AppelleesDate Filed: 12/18/2023
Court: Appeals Court (10th Cir.)
Affiliate: Oklahoma
Download DocumentPoe v. DrummondLegal DocumentsAppendix to Amicus Brief of Alliance Defending Freedom in Support of Defendants-AppelleesCourt: Appeals Court (10th Cir.)
Affiliate: Oklahoma
Download DocumentPoe v. DrummondLegal DocumentsAmicus Brief of Do No Harm and Oklahoma Council of Public Affairs in Support of Defendants-AppelleesDate Filed: 12/18/2023
Court: Appeals Court (10th Cir.)
Affiliate: Oklahoma
Download Document -
12/15/2023
Response Brief for Defendants-Appellees 54-55 -
12/11/2023
Response Brief for Defendants-Appellees 15-53 -
11/16/2023
Amicus Briefs in Support of Plaintiffs-Appellants -
- Amicus Brief of American Academy of Pediatrics et al. in Support of Plaintiffs-Appellants
- Amicus Brief of Biomedical Ethics and Public Health Scholars in Support of Plaintiffs-Appellants
- Amicus Brief of California et al. in Support of Plaintiffs-Appellants
- Amicus Brief of Conservative Legislators, Former Legislators, and Activists in Support of Plaintiffs-Appellants
- Amicus Brief of Elliot Page et al. in Support of Plaintiffs-Appellants
- Amicus Brief of Foreign Non-Profit Organizations in Support of Plaintiffs-Appellants
- Amicus Brief of GLAD et al. in Support of Plaintiffs-Appellants
- Amicus Brief of the United States in Support of Plaintiffs-Appellants
Poe v. DrummondLegal DocumentsAmicus Brief of American Academy of Pediatrics et al. in Support of Plaintiffs-AppellantsDate Filed: 11/16/2023
Court: Appeals Court (10th Cir.)
Affiliate: Oklahoma
Download DocumentPoe v. DrummondLegal DocumentsAmicus Brief of Biomedical Ethics and Public Health Scholars in Support of Plaintiffs-AppellantsDate Filed: 11/16/2023
Court: Appeals Court (10th Cir.)
Affiliate: Oklahoma
Download DocumentPoe v. DrummondLegal DocumentsAmicus Brief of California et al. in Support of Plaintiffs-AppellantsDate Filed: 11/16/2023
Court: Appeals Court (10th Cir.)
Affiliate: Oklahoma
Download DocumentPoe v. DrummondLegal DocumentsAmicus Brief of Conservative Legislators, Former Legislators, and Activists in Support of Plaintiffs-AppellantsDate Filed: 11/16/2023
Court: Appeals Court (10th Cir.)
Affiliate: Oklahoma
Download DocumentPoe v. DrummondLegal DocumentsAmicus Brief of Elliot Page et al. in Support of Plaintiffs-AppellantsDate Filed: 11/16/2023
Court: Appeals Court (10th Cir.)
Affiliate: Oklahoma
Download DocumentPoe v. DrummondLegal DocumentsAmicus Brief of Foreign Non-Profit Organizations in Support of Plaintiffs-AppellantsDate Filed: 11/16/2023
Court: Appeals Court (10th Cir.)
Affiliate: Oklahoma
Download DocumentPoe v. DrummondLegal DocumentsAmicus Brief of GLAD et al. in Support of Plaintiffs-AppellantsDate Filed: 11/16/2023
Court: Appeals Court (10th Cir.)
Affiliate: Oklahoma
Download DocumentPoe v. DrummondLegal DocumentsAmicus Brief of the United States in Support of Plaintiffs-AppellantsDate Filed: 11/16/2023
Court: Appeals Court (10th Cir.)
Affiliate: Oklahoma
Download Document -
11/09/2023
Opening Brief for Plaintiffs-Appellants -
10/11/2023
Plaintiffs-Appellants' Consent Motion to Expedite Briefing Schedule and Oral Argument -
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10/17/2023
Order Regarding Plaintiffs-Appellants' Consent Motion to Expedite Briefing Schedule and Oral Argument -
10/23/2023
Joint Supplemental Response to October 17, 2023 Order Regarding Consent Motion to Expedite Briefing Schedule and Oral Argument -
10/25/2023
Order Granting in Part Plaintiffs-Appellants' Consent Motion to Expedite Briefing Schedule and Oral Argument
Poe v. DrummondLegal DocumentsOrder Regarding Plaintiffs-Appellants' Consent Motion to Expedite Briefing Schedule and Oral ArgumentDate Filed: 10/17/2023
Court: Appeals Court (10th Cir.)
Affiliate: Oklahoma
Download DocumentPoe v. DrummondLegal DocumentsJoint Supplemental Response to October 17, 2023 Order Regarding Consent Motion to Expedite Briefing Schedule and Oral ArgumentDate Filed: 10/23/2023
Court: Appeals Court (10th Cir.)
Affiliate: Oklahoma
Download DocumentPoe v. DrummondLegal DocumentsOrder Granting in Part Plaintiffs-Appellants' Consent Motion to Expedite Briefing Schedule and Oral ArgumentDate Filed: 10/25/2023
Court: Appeals Court (10th Cir.)
Affiliate: Oklahoma
Download Document -
10/17/2023
Date Filed: 12/29/2023
Court: Appeals Court (10th Cir.)
Affiliate: Oklahoma
Download DocumentDate Filed: 12/15/2023
Court: Appeals Court (10th Cir.)
Affiliate: Oklahoma
Download DocumentDate Filed: 12/11/2023
Court: Appeals Court (10th Cir.)
Affiliate: Oklahoma
Download DocumentDate Filed: 11/09/2023
Court: Appeals Court (10th Cir.)
Affiliate: Oklahoma
Download DocumentDate Filed: 10/11/2023
Court: Appeals Court (10th Cir.)
Affiliate: Oklahoma
Download Document-
11/07/2023
Notice of Agreement and Joint Motion to Stay District Court Proceedings -
10/06/2023
Plaintiffs' Notice of Appeal -
10/05/2023
Opinion and Order -
07/17/2023
Order Granting Plaintiffs' Motion for Leave to Proceed Under Pseudonyms and for a Protective Order -
06/16/2023
Motions to Dismiss -
- Defendants 15-53's Motion to Dismiss
- Defendants 54-55's Motion to Dismiss
- Plaintiffs' Response to Defendants' Motions to Dismiss
- Defendants 15-53's Reply in Support of Motion to Dismiss
- Defendants 54-55's Reply in Support of Motion to Dismiss
- Plaintiffs' Surreply in Opposition to Defendants' Motions to Dismiss
Poe v. DrummondLegal DocumentsDefendants 15-53's Motion to DismissDate Filed: 06/16/2023
Court: District Court for the Northern District of Oklahoma
Affiliate: Oklahoma
Download DocumentPoe v. DrummondLegal DocumentsDefendants 54-55's Motion to DismissDate Filed: 06/16/2023
Court: District Court for the Northern District of Oklahoma
Affiliate: Oklahoma
Download DocumentPoe v. DrummondLegal DocumentsPlaintiffs' Response to Defendants' Motions to DismissDate Filed: 07/07/2023
Court: District Court for the Northern District of Oklahoma
Affiliate: Oklahoma
Download DocumentPoe v. DrummondLegal DocumentsDefendants 15-53's Reply in Support of Motion to DismissDate Filed: 07/21/2023
Court: District Court for the Northern District of Oklahoma
Affiliate: Oklahoma
Download DocumentPoe v. DrummondLegal DocumentsDefendants 54-55's Reply in Support of Motion to DismissDate Filed: 07/21/2023
Court: District Court for the Northern District of Oklahoma
Affiliate: Oklahoma
Download DocumentPoe v. DrummondLegal DocumentsPlaintiffs' Surreply in Opposition to Defendants' Motions to DismissDate Filed: 08/07/2023
Court: District Court for the Northern District of Oklahoma
Affiliate: Oklahoma
Download Document -
06/09/2023
Statement of Interest of the United States -
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07/10/2023
Defendants 15-53's Response to the Statement of Interest of the United States
Poe v. DrummondLegal DocumentsDefendants 15-53's Response to the Statement of Interest of the United StatesDate Filed: 07/10/2023
Court: District Court for the Northern District of Oklahoma
Affiliate: Oklahoma
Download Document -
07/10/2023
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05/18/2023
Notice of Agreement -
05/02/2023
Plaintiffs’ Motion for Preliminary Injunction -
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05/02/2023
Plaintiffs’ Memorandum in Support of Motion for Preliminary Injunction -
06/16/2023
Defendants 54-55's Response to Plaintiffs' Motion for Preliminary Injunction -
06/16/2023
Defendants 15-53's Response to Plaintiffs' Motion for Preliminary Injunction -
07/10/2023
Plaintiffs' Reply in Support of Motion for Preliminary Injunction -
07/17/2023
Defendants 15-53's Motion to Strike Plaintiffs' Reply in Support of Motion for Preliminary Injunction -
08/08/2023
Defendants 15-53's Surreply in Opposition to Plaintiffs' Motion for Preliminary Injunction
Poe v. DrummondLegal DocumentsPlaintiffs’ Memorandum in Support of Motion for Preliminary InjunctionDate Filed: 05/02/2023
Court: District Court for the Northern District of Oklahoma
Affiliate: Oklahoma
Download DocumentPoe v. DrummondLegal DocumentsDefendants 54-55's Response to Plaintiffs' Motion for Preliminary InjunctionDate Filed: 06/16/2023
Court: District Court for the Northern District of Oklahoma
Affiliate: Oklahoma
Download DocumentPoe v. DrummondLegal DocumentsDefendants 15-53's Response to Plaintiffs' Motion for Preliminary InjunctionDate Filed: 06/16/2023
Court: District Court for the Northern District of Oklahoma
Affiliate: Oklahoma
Download DocumentPoe v. DrummondLegal DocumentsPlaintiffs' Reply in Support of Motion for Preliminary InjunctionDate Filed: 07/10/2023
Court: District Court for the Northern District of Oklahoma
Affiliate: Oklahoma
Download DocumentPoe v. DrummondLegal DocumentsDefendants 15-53's Motion to Strike Plaintiffs' Reply in Support of Motion for Preliminary InjunctionDate Filed: 07/17/2023
Court: District Court for the Northern District of Oklahoma
Affiliate: Oklahoma
Download DocumentPoe v. DrummondLegal DocumentsDefendants 15-53's Surreply in Opposition to Plaintiffs' Motion for Preliminary InjunctionDate Filed: 08/08/2023
Court: District Court for the Northern District of Oklahoma
Affiliate: Oklahoma
Download Document -
05/02/2023
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05/02/2023
Plaintiffs' Motion for Leave to Proceed Under Pseudonyms and for a Protective Order -
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06/16/2023
Defendants 15-53's Response in Opposition to Plaintiffs' Motion for Leave to Proceed Under Pseudonyms and for Protective Order -
06/30/2023
Plaintiffs' Reply in Support of Motion for Leave to Proceed Under Pseudonyms and for a Protective Order
Poe v. DrummondLegal DocumentsDefendants 15-53's Response in Opposition to Plaintiffs' Motion for Leave to Proceed Under Pseudonyms and for Protective OrderDate Filed: 06/16/2023
Court: District Court for the Northern District of Oklahoma
Affiliate: Oklahoma
Download DocumentPoe v. DrummondLegal DocumentsPlaintiffs' Reply in Support of Motion for Leave to Proceed Under Pseudonyms and for a Protective OrderDate Filed: 06/30/2023
Court: District Court for the Northern District of Oklahoma
Affiliate: Oklahoma
Download Document -
06/16/2023
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05/02/2023
Complaint
Date Filed: 11/07/2023
Court: District Court for the Northern District of Oklahoma
Affiliate: Oklahoma
Download DocumentDate Filed: 10/06/2023
Court: District Court for the Northern District of Oklahoma
Affiliate: Oklahoma
Download DocumentDate Filed: 10/05/2023
Court: District Court for the Northern District of Oklahoma
Affiliate: Oklahoma
Download DocumentDate Filed: 07/17/2023
Court: District Court for the Northern District of Oklahoma
Affiliate: Oklahoma
Download DocumentDate Filed: 06/09/2023
Court: District Court for the Northern District of Oklahoma
Affiliate: Oklahoma
Download DocumentDate Filed: 05/18/2023
Court: District Court for the Northern District of Oklahoma
Affiliate: Oklahoma
Download DocumentDate Filed: 05/02/2023
Court: District Court for the Northern District of Oklahoma
Affiliate: Oklahoma
Download DocumentDate Filed: 05/02/2023
Court: District Court for the Northern District of Oklahoma
Affiliate: Oklahoma
Download DocumentDate Filed: 05/02/2023
Court: District Court for the Northern District of Oklahoma
Affiliate: Oklahoma
Download DocumentPress Releases
Oklahoma Attorney General Signs Non-Enforcement Agreement on Health Care Ban for Trans Youth
Families, Doctors Challenge Oklahoma’s Ban on Health Care for Trans Youth