Loe v. Kansas

In January 2025, Kansas Governor Laura Kelly vetoed SB 63, a measure passed by the state legislature that prohibits medical providers in the state of Kansas from providing gender-affirming medical treatments, such as hormone therapies and pubertal suppressants, to transgender youth diagnosed with gender dysphoria. “It is not the job of politicians to stand between a parent and a child who needs medical care of any kind,” said Governor Kelly.

The Kansas Legislature nonetheless overrode her veto and enacted SB 63 into law, endangering health care access for the estimated 7,300 transgender adolescents who live in the state. On behalf of two transgender adolescents and their families, a lawsuit was filed challenging the law by the ACLU and the ACLU of Kansas in the District Court of Douglas County in May 2025.

Loe v. Kansas charges SB 63 with violating the Kansas Constitution’s guarantees of equal protection and fundamental rights. The case was filed pseudonymously on behalf of 16-year-old Ryan Roe and his mother, Rebecca Roe, as well as 13-year-old Lily Loe and her mother, Lisa Loe.

"Our clients and every family in Kansas should have the freedom to make their own private medical decisions and consult with their doctors without having a Kansas politician in the exam room," says Harper Seldin, Senior Staff Attorney for the ACLU LGBTQ & HIV Project. "SB 63 is an unconstitutional intrusion and just the latest example of politicians' efforts to target, politicize, and control the healthcare of already vulnerable Kansas families. We are honored to represent our clients in standing up for their constitutional rights and in fighting back against this threat to our communities."

In May 2026, Douglas County District Court Judge Carl Folsom granted the plaintiffs’ request for a temporary injunction, blocking enforcement statewide of the portions of SB 63 that prohibit transgender minors from receiving hormone therapy and puberty blockers. In a 117-page decision, Judge Folsom concluded that the plaintiffs were substantially likely to succeed on their claims that SB 63 violates the Kansas Constitution, including its protections for personal autonomy, equal protection, and parental decision-making. The injunction allows transgender youth in Kansas to continue accessing hormone therapy and puberty blockers while the litigation proceeds. The Kansas Attorney General, Kris Kobach, subsequently filed a notice of appeal, and that appeal is now pending in the Kansas Court of Appeals where both sides are briefing the issues raised by the district court’s decision.