Case: Poe v. Drummond

4:23-cv-00177 | U.S. District Court for the Northern District of Oklahoma

Filed Date: May 2, 2023

Case Ongoing

Clearinghouse coding complete

Case Summary

This case centers around Senate Bill 613, an Oklahoma bill passed in September 2022, which bans gender-affirming care for minors in Oklahoma. Specifically, SB 613 mandates that “[a] healthcare provider shall not knowingly provide gender transition procedures to any child.” The banned gender transition procedures include surgical procedures and drugs administered “for the purpose of attempted to affirm the minor’s perception of his or her gender or biological sex, if that perception is inconsist…

This case centers around Senate Bill 613, an Oklahoma bill passed in September 2022, which bans gender-affirming care for minors in Oklahoma. Specifically, SB 613 mandates that “[a] healthcare provider shall not knowingly provide gender transition procedures to any child.” The banned gender transition procedures include surgical procedures and drugs administered “for the purpose of attempted to affirm the minor’s perception of his or her gender or biological sex, if that perception is inconsistent with the minor’s biological sex.” SB 613 explicitly allows healthcare providers to administer the same surgical procedurals or therapeutic drug treatment for some other purpose outside of gender transition. Any healthcare provider found to be in violation of SB 613 is guilty of professional misconduct and a felony in the state of Oklahoma. SB 6123 went into effect when the Oklahoma governor signed it into law on May 1, 2023.

On May 2, 2023, a group of families with transgender adolescents and a medical provider who supports transgender youth filed a lawsuit against various State Defendants and Hospital Defendants in the United States District Court for the Northern District of Oklahoma. The State Defendants included the Attorney General of Oklahoma, individual members of the Oklahoma State Board of Medical Licensure and Supervision (OSBMLS), individual members of the Oklahoma Board of Nursing (OBN), and individual members of the Oklahoma State Board of Osteopathic Examiners (OSBOE); the Hospital Defendants included the University Hospitals Authority (UHA), the University Hospitals Trust (UHT), individual members of the UHA and UHT, OU Medicine, and the president of OU Medicine.  The Plaintiffs in this case were represented by the ACLU of Oklahoma, Lambda Legal, and private counsel.

The Plaintiffs alleged that SB 613 unjustly and unfairly discriminated against transgender minors and their healthcare providers on the basis of sex and transgender status, in violation of their rights under Equal Protection Clause of the 14th Amendment. This discrimination, plaintiffs alleged, also violated Section 1557 of the Affordable Care Act. Plaintiffs also alleged that SB 613 violated their due process right to parental autonomy to seek and follow medical advice to protect the health and wellbeing of their minor children. Plaintiffs asked the court to grant declaratory and injunctive relief, as well as attorneys’ fees. This case was assigned to Judge John F. Heil, III.

Contemporaneously with their complaint, Plaintiffs filed a motion for preliminary injunction, asking the court to enjoin defendants from enforcing SB 613 while the case proceeded.

On June 9, 2023, the United States filed a Statement of Interest in support of Plaintiffs in this case. The United States argued that by denying transgender minors—and only transgender minors—access to medically necessary and appropriate care, SB 613 violates the Equal Protection clause of the Fourteenth Amendment. Also on June 9, two medical groups filed amicus curiae briefs in support of the Plaintiffs. One brief was filed by a group of 23 national and state healthcare organizations, including the American Pediatric Association, representing thousands of healthcare professionals. The brief provided background on gender identity and gender dysphoria, described the professionally-accepted and rigorously studied medical guidelines for treating gender dysphoria in minors, and argued that enforcement of SB 613 would irreparably harm adolescents with gender dysphoria by denying crucial care to those who need it. The other amicus curiae brief was filed by a group of nine biomedical ethics and public health scholars, arguing that SB 613 undermined biomedical ethics, science, and public health, without any regard for the harm that would come from denying needed healthcare.

On June 16, 2023, nineteen states filed an amicus brief in support of defendants. The amici states included Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Mississippi, Missouri, Montana, Nebraska, North Dakota, South Carolina, South Dakota, Utah, and West Virginia. The amici states argued that the banned healthcare practices were experimental and not evidence-based, and that SB 613 did not violate the Equal Protection clause.

Also on June 16, 2023, defendants filed several motions to dismiss Plaintiffs' complaint and their opposition to Plaintiff’s motion for preliminary injunction. Following several rounds of motion practice and oral argument, the court denied Plaintiffs’ motion for preliminary injunction on October 5, 2023. Judge Heil found that SB 613 did not discriminate based on sex or transgender status, but rather restricted particular medical procedures for a particular age group. Because age-based legislative restrictions are subject to rational review instead of heightened scrutiny, plaintiffs were unlikely to succeed in their Equal Protections claim. Judge Heil also found that there is no substantive due process right for parents to choose for their minor children to undergo the gender-affirming medical treatments at issue in SB 613. The court found that defendants had a compelling interest in and duty to protect the lives and health of minors in Oklahoma, and it was the legislature’s job—and not the court’s—to determine how to protect those minors. 2023 WL 6516449.

The next day, on October 6, 2023, Plaintiffs appealed the court’s denial of preliminary injunction to the United States Court of Appeals for the Tenth Circuit (23-5110).

Throughout the rest of 2023 and into 2024, parties proceeded through several rounds of motion practice. The amici from the district court again filed as amici in the Tenth Circuit, and several new groups and individuals joined as amici as well. Specifically, the following additional amici filed briefs in support of the Plaintiffs: the United States of America; 20 states and the District of Columbia (California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont, and Washington); a group of 11 international LGBTQ+ advocacy organizations; a group of 4 national and state-level LGBTQ+ advocacy organizations; a group of 15 transgender adults; and Elliot Page and 56 other individuals. On the other hand, the following amici joined in support of defendants: a group of current and former conservative legislators and activists; Family Research Council, a faith-based educational non-profit; Alliance Defending Freedom, a Christian legal advocacy group; Do No Harm and the Oklahoma Council of Public Affairs.

Oral argument was held on January 17, 2024 before judges Harris Hartz, Gregory A. Phillips, and Joel M. Carson III. As of March 29, 2024, this case is pending before the Tenth Circuit.

Summary Authors

Sarah Portwood (3/29/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/67313661/parties/poe-v-drummond/


Attorney for Plaintiff

Awasthi, Devraat (- United States (national) -)

Attorney for Defendant
Expert/Monitor/Master/Other

Attorney, Zoe Helstrom, (- United States (national) -)

Bach, Dana (- United States (national) -)

Barnes, Brian W. (- United States (national) -)

Boccuzzi, Carmine D. (- United States (national) -)

Expert/Monitor/Master/Other

Attorney, Zoe Helstrom, (- United States (national) -)

Bach, Dana (- United States (national) -)

Barnes, Brian W. (- United States (national) -)

Boccuzzi, Carmine D. (- United States (national) -)

Boergers, Kathleen (- United States (national) -)

Bowdre, Alexander Barrett (- United States (national) -)

Bridge, Charles C. (- United States (national) -)

Brody-Bizar, Emily (- United States (national) -)

Bronni, Nicholas J. (- United States (national) -)

Bruhn, Nathaniel (- United States (national) -)

Burgess, Brian (- United States (national) -)

Bursch, John J. (- United States (national) -)

Campbell, James A. (- United States (national) -)

Capozzi, Louis Joseph (- United States (national) -)

Davies, Andrew Rhys (- United States (national) -)

Divine, Joshua (- United States (national) -)

Duncan, Sydney (- United States (national) -)

Escobedo, Luis Felipe (- United States (national) -)

Foster, Sydney (- United States (national) -)

Hartnett, Kathleen R. (- United States (national) -)

Haynie, Ryan (- United States (national) -)

Hecker, Elizabeth (- United States (national) -)

Hermandorfer, Whitney D. (- United States (national) -)

Hershman, Jordan D. (- United States (national) -)

Isasi, William (- United States (national) -)

Jacobs, Dylan L. (- United States (national) -)

Kang, Katelyn (- United States (national) -)

Lannin, Cortlin Hall (- United States (national) -)

Mills, Christopher Ernest (- United States (national) -)

Mizzi, Anna (- United States (national) -)

Nguyen, Duy (- United States (national) -)

Patterson, Peter A. (- United States (national) -)

Ramer, John (- United States (national) -)

Reinhardt, Elizabeth (- United States (national) -)

Robin-Vergeer, Bonnie I. (- United States (national) -)

Thompson, David H. (- United States (national) -)

Veroff, Julie (- United States (national) -)

Veta, D. Jean (- United States (national) -)

Warner, Jacob P. (- United States (national) -)

show all people

Documents in the Clearinghouse

Document
2

4:23-cv-00177

Complaint for Declaratory, Injunctive, and Other Relief

May 2, 2023

May 2, 2023

Complaint
61

4:23-cv-00177

Statement of Interest of the United States

June 9, 2023

June 9, 2023

Statement of Interest (DOJ)
138

4:23-cv-00177

Opinion and Order

Oct. 5, 2023

Oct. 5, 2023

Order/Opinion

2023 WL 6516449

10010970961

23-05110

Brief of Alabama, Arkansas, Missouri, Tennessee, and 19 other States as Amici Curiae Supporting Appellees and Affirmance

U.S. Court of Appeals for the Tenth Circuit

Dec. 18, 2023

Dec. 18, 2023

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/67313661/poe-v-drummond/

Last updated Jan. 24, 2026, 6:53 a.m.

ECF Number Description Date Link Date / Link
99

MOTION for Attorney(s) David H. Thompson to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number AOKNDC-2832597) by Do No Harm, Oklahoma Council of Public Affairs (With attachments) (Haynie, Ryan) (Entered: 06/27/2023)

June 27, 2023

June 27, 2023

100

MOTION for Attorney(s) John D. Ramer to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number AOKNDC-2832606) by Do No Harm, Oklahoma Council of Public Affairs (With attachments) (Haynie, Ryan) (Entered: 06/27/2023)

June 27, 2023

June 27, 2023

101

MOTION for Attorney(s) Peter A. Patterson to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number AOKNDC-2832612) by Do No Harm, Oklahoma Council of Public Affairs (With attachments) (Haynie, Ryan) (Entered: 06/27/2023)

June 27, 2023

June 27, 2023

102

Unopposed MOTION for Leave to File Brief as Amici Curiae in Support of Defendants' Opposition to Motion for Preliminary Injunction by Do No Harm, Oklahoma Council of Public Affairs (With attachments) (Haynie, Ryan) (Entered: 06/27/2023)

June 27, 2023

June 27, 2023

103

MINUTE ORDER by Chief Judge John F Heil, III ; granting 102 Motion for Leave to File Document(s) (Re: 102 Unopposed MOTION for Leave to File Brief as Amici Curiae in Support of Defendants' Opposition to Motion for Preliminary Injunction ) (This entry is the Official Order of the Court. No document is attached.) (JFH1, Chambers) (Entered: 06/28/2023)

June 28, 2023

June 28, 2023

104

MINUTE ORDER by Chief Judge John F Heil, III, granting the following motions for Admission Pro Hac Vice of attorneys Brian W. Barnes, David H. Thompson, John D. Ramer, and Peter A. Patterson for Do No Harm and the Oklahoma Council of Public Affairs, provided that local counsel is present at all proceedings, unless otherwise ordered by the Court. Admission is conditioned on the filing of an entry of appearance and registration for electronic case filing by the applicant within seven (7) days from entry of this Order ; granting 98 Motion for Admission Pro Hac Vice; granting 99 Motion for Admission Pro Hac Vice; granting 100 Motion for Admission Pro Hac Vice; granting 101 Motion for Admission Pro Hac Vice (Re: 98 MOTION for Attorney(s) Brian W. Barnes to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number AOKNDC-2832584), 99 MOTION for Attorney(s) David H. Thompson to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number AOKNDC-2832597), 100 MOTION for Attorney(s) John D. Ramer to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number AOKNDC-2832606), 101 MOTION for Attorney(s) Peter A. Patterson to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number AOKNDC-2832612) ) (This entry is the Official Order of the Court. No document is attached.) (JFH1, Chambers) (Entered: 06/28/2023)

June 28, 2023

June 28, 2023

105

MINUTE ORDER by Court Clerk, directing Oklahoma Council of Public Affairs and Do No Harm to file a Disclosure Statement pursuant to FRCvP 7.1 and LCvR 7.1-1, if applicable. The parties shall use the form entitled Disclosure Statement available on the Courts website. (This entry is the Official Order of the Court. No document is attached.) (lmt, Dpty Clk) (Entered: 06/29/2023)

June 29, 2023

June 29, 2023

106

MOTION for Leave to File Response to the Statement of Interest of the United States (Re: 61 Notice (Other) ) by Clayton Bullard, Georgina Calhoun, Dennis J Carter, Susan Chambers, Kevin Corbett, Louis Cox, Randy Dowell, Gentner Drummond, Jim Everest, Mark Fixley, Amber Garretson, Chelsey D Gilbertson, Jeremy Hall, Nikole Hicks, Timothy Holder, Robert Howard, Steven Katsis, Anthony F Keating, III, Duane G Koehler, Bret S Langerman, Kyle Leemaster, Trevor Nutt, Katherine O'Dell, C Michael Ogle, Lindsay Potts, Gary E Raskob, Callie Rinehart, Shaston Salie, Shawn Stachovic, Shelly Swalley, Catherine C Taylor, Katie L Templeton, University Hospitals Authority, University Hospitals Trust, Ross Vanhooser, Don Wilber, G Raney Williams, Jr, Marisa Wrape, Leroy E Young (Gaskins, Garry) (Entered: 06/30/2023)

June 30, 2023

June 30, 2023

107

REPLY to Response to Motion (Re: 4 MOTION to Proceed Under Pseudonyms ) by Benjamin Boe, Bethany Boe, Brandon Boe, Daphne Doe, Donna Doe, Shauna Lawlis, Lauren Loe, Lydia Loe, Patrick Poe, Paula Poe, Peter Poe, Rachel Roe, Richard Roe, Ryan Roe ; (Edelstein, Laura) (Entered: 06/30/2023)

June 30, 2023

June 30, 2023

RECAP
108

MINUTE ORDER by Chief Judge John F Heil, III : Defendants' Motion for Leave to File a Response to the United States' Statement of Interest is granted ; granting 106 Motion for Leave to File Document(s) (Re: 106 MOTION for Leave to File Response to the Statement of Interest of the United States ) (This entry is the Official Order of the Court. No document is attached.) (JFH1, Chambers) (Entered: 07/03/2023)

July 3, 2023

July 3, 2023

109

ATTORNEY APPEARANCE by David H. Thompson on behalf of Do No Harm, Oklahoma Council of Public Affairs [Note: Attorney David H. Thompson added to party Do No Harm(pty:ip), Attorney David H. Thompson added to party Oklahoma Council of Public Affairs(pty:ip).] (Thompson, David) (Entered: 07/05/2023)

July 5, 2023

July 5, 2023

110

ATTORNEY APPEARANCE by Cortlin Hall Lannin on behalf of Academic Pediatric Association, American Academy of Child & Adolescent Psychiatry, American Academy of Family Physicians, American Academy of Nursing, American Academy of Pediatrics, The, American Association of Physicians for Human Rights, Inc., American College of Obstetricians and Gynecologists, American College of Osteopathic Pediatricians, American College of Physicians, American Medical Association, American Pediatric Society, Association of Medical School Pediatric Department Chairs, Inc., Endocrine Society, The, National Association of Pediatric Nurse Practitioners, Oklahoma Chapter of the American Academy of Pediatrics, Oklahoma Council of Child and Adolescent Psychiatry, Pediatric Endocrine Society, The, Societies for Pediatric Urology, The, Society for Adolescent Health and Medicine, Society for Pediatric Research, Society of Pediatric Nurses, World Professional Association for Transgender Health, The [Note: Attorney Cortlin Hall Lannin added to party Academic Pediatric Association(pty:ip), Attorney Cortlin Hall Lannin added to party American Academy of Child & Adolescent Psychiatry(pty:ip), Attorney Cortlin Hall Lannin added to party American Academy of Family Physicians(pty:ip), Attorney Cortlin Hall Lannin added to party American Academy of Nursing(pty:ip), Attorney Cortlin Hall Lannin added to party American Academy of Pediatrics, The(pty:ip), Attorney Cortlin Hall Lannin added to party American Association of Physicians for Human Rights, Inc.(pty:ip), Attorney Cortlin Hall Lannin added to party American College of Obstetricians and Gynecologists(pty:ip), Attorney Cortlin Hall Lannin added to party American College of Osteopathic Pediatricians(pty:ip), Attorney Cortlin Hall Lannin added to party American College of Physicians(pty:ip), Attorney Cortlin Hall Lannin added to party American Medical Association(pty:ip), Attorney Cortlin Hall Lannin added to party American Pediatric Society(pty:ip), Attorney Cortlin Hall Lannin added to party Association of Medical School Pediatric Department Chairs, Inc.(pty:ip), Attorney Cortlin Hall Lannin added to party Endocrine Society, The(pty:ip), Attorney Cortlin Hall Lannin added to party National Association of Pediatric Nurse Practitioners(pty:ip), Attorney Cortlin Hall Lannin added to party Oklahoma Chapter of the American Academy of Pediatrics(pty:ip), Attorney Cortlin Hall Lannin added to party Oklahoma Council of Child and Adolescent Psychiatry(pty:ip), Attorney Cortlin Hall Lannin added to party Pediatric Endocrine Society, The(pty:ip), Attorney Cortlin Hall Lannin added to party Societies for Pediatric Urology, The(pty:ip), Attorney Cortlin Hall Lannin added to party Society for Adolescent Health and Medicine(pty:ip), Attorney Cortlin Hall Lannin added to party Society for Pediatric Research(pty:ip), Attorney Cortlin Hall Lannin added to party Society of Pediatric Nurses(pty:ip), Attorney Cortlin Hall Lannin added to party World Professional Association for Transgender Health, The(pty:ip).] (Lannin, Cortlin) (Entered: 07/05/2023)

July 5, 2023

July 5, 2023

111

ATTORNEY APPEARANCE by William Isasi on behalf of Academic Pediatric Association, American Academy of Child & Adolescent Psychiatry, American Academy of Family Physicians, American Academy of Nursing, American Academy of Pediatrics, The, American Association of Physicians for Human Rights, Inc., American College of Obstetricians and Gynecologists, American College of Osteopathic Pediatricians, American College of Physicians, American Medical Association, American Pediatric Society, Association of Medical School Pediatric Department Chairs, Inc., Endocrine Society, The, National Association of Pediatric Nurse Practitioners, Oklahoma Chapter of the American Academy of Pediatrics, Oklahoma Council of Child and Adolescent Psychiatry, Pediatric Endocrine Society, The, Societies for Pediatric Urology, The, Society for Adolescent Health and Medicine, Society for Pediatric Research, Society of Pediatric Nurses, World Professional Association for Transgender Health, The [Note: Attorney William Isasi added to party Academic Pediatric Association(pty:ip), Attorney William Isasi added to party American Academy of Child & Adolescent Psychiatry(pty:ip), Attorney William Isasi added to party American Academy of Family Physicians(pty:ip), Attorney William Isasi added to party American Academy of Nursing(pty:ip), Attorney William Isasi added to party American Academy of Pediatrics, The(pty:ip), Attorney William Isasi added to party American Association of Physicians for Human Rights, Inc.(pty:ip), Attorney William Isasi added to party American College of Obstetricians and Gynecologists(pty:ip), Attorney William Isasi added to party American College of Osteopathic Pediatricians(pty:ip), Attorney William Isasi added to party American College of Physicians(pty:ip), Attorney William Isasi added to party American Medical Association(pty:ip), Attorney William Isasi added to party American Pediatric Society(pty:ip), Attorney William Isasi added to party Association of Medical School Pediatric Department Chairs, Inc.(pty:ip), Attorney William Isasi added to party Endocrine Society, The(pty:ip), Attorney William Isasi added to party National Association of Pediatric Nurse Practitioners(pty:ip), Attorney William Isasi added to party Oklahoma Chapter of the American Academy of Pediatrics(pty:ip), Attorney William Isasi added to party Oklahoma Council of Child and Adolescent Psychiatry(pty:ip), Attorney William Isasi added to party Pediatric Endocrine Society, The(pty:ip), Attorney William Isasi added to party Societies for Pediatric Urology, The(pty:ip), Attorney William Isasi added to party Society for Adolescent Health and Medicine(pty:ip), Attorney William Isasi added to party Society for Pediatric Research(pty:ip), Attorney William Isasi added to party Society of Pediatric Nurses(pty:ip), Attorney William Isasi added to party World Professional Association for Transgender Health, The(pty:ip).] (Isasi, William) (Entered: 07/05/2023)

July 5, 2023

July 5, 2023

112

ATTORNEY APPEARANCE by Peter A. Patterson on behalf of Do No Harm, Oklahoma Council of Public Affairs [Note: Attorney Peter A. Patterson added to party Do No Harm(pty:ip), Attorney Peter A. Patterson added to party Oklahoma Council of Public Affairs(pty:ip).] (Patterson, Peter) (Entered: 07/05/2023)

July 5, 2023

July 5, 2023

113

ATTORNEY APPEARANCE by Yuval Mor on behalf of Academic Pediatric Association, American Academy of Child & Adolescent Psychiatry, American Academy of Family Physicians, American Academy of Nursing, American Academy of Pediatrics, The, American Association of Physicians for Human Rights, Inc., American College of Obstetricians and Gynecologists, American College of Osteopathic Pediatricians, American College of Physicians, American Medical Association, American Pediatric Society, Association of Medical School Pediatric Department Chairs, Inc., Endocrine Society, The, National Association of Pediatric Nurse Practitioners, Oklahoma Chapter of the American Academy of Pediatrics, Oklahoma Council of Child and Adolescent Psychiatry, Pediatric Endocrine Society, The, Societies for Pediatric Urology, The, Society for Adolescent Health and Medicine, Society for Pediatric Research, Society of Pediatric Nurses, World Professional Association for Transgender Health, The [Note: Attorney Yuval Mor added to party Academic Pediatric Association(pty:ip), Attorney Yuval Mor added to party American Academy of Child & Adolescent Psychiatry(pty:ip), Attorney Yuval Mor added to party American Academy of Family Physicians(pty:ip), Attorney Yuval Mor added to party American Academy of Nursing(pty:ip), Attorney Yuval Mor added to party American Academy of Pediatrics, The(pty:ip), Attorney Yuval Mor added to party American Association of Physicians for Human Rights, Inc.(pty:ip), Attorney Yuval Mor added to party American College of Obstetricians and Gynecologists(pty:ip), Attorney Yuval Mor added to party American College of Osteopathic Pediatricians(pty:ip), Attorney Yuval Mor added to party American College of Physicians(pty:ip), Attorney Yuval Mor added to party American Medical Association(pty:ip), Attorney Yuval Mor added to party American Pediatric Society(pty:ip), Attorney Yuval Mor added to party Association of Medical School Pediatric Department Chairs, Inc.(pty:ip), Attorney Yuval Mor added to party Endocrine Society, The(pty:ip), Attorney Yuval Mor added to party National Association of Pediatric Nurse Practitioners(pty:ip), Attorney Yuval Mor added to party Oklahoma Chapter of the American Academy of Pediatrics(pty:ip), Attorney Yuval Mor added to party Oklahoma Council of Child and Adolescent Psychiatry(pty:ip), Attorney Yuval Mor added to party Pediatric Endocrine Society, The(pty:ip), Attorney Yuval Mor added to party Societies for Pediatric Urology, The(pty:ip), Attorney Yuval Mor added to party Society for Adolescent Health and Medicine(pty:ip), Attorney Yuval Mor added to party Society for Pediatric Research(pty:ip), Attorney Yuval Mor added to party Society of Pediatric Nurses(pty:ip), Attorney Yuval Mor added to party World Professional Association for Transgender Health, The(pty:ip).] (Mor, Yuval) (Entered: 07/05/2023)

July 5, 2023

July 5, 2023

114

ATTORNEY APPEARANCE by Emily Mondry on behalf of Academic Pediatric Association, American Academy of Child & Adolescent Psychiatry, American Academy of Family Physicians, American Academy of Nursing, American Academy of Pediatrics, The, American Association of Physicians for Human Rights, Inc., American College of Obstetricians and Gynecologists, American College of Osteopathic Pediatricians, American College of Physicians, American Medical Association, American Pediatric Society, Association of Medical School Pediatric Department Chairs, Inc., Endocrine Society, The, National Association of Pediatric Nurse Practitioners, Oklahoma Chapter of the American Academy of Pediatrics, Oklahoma Council of Child and Adolescent Psychiatry, Pediatric Endocrine Society, The, Societies for Pediatric Urology, The, Society for Adolescent Health and Medicine, Society for Pediatric Research, Society of Pediatric Nurses, World Professional Association for Transgender Health, The (Mondry, Emily) (Entered: 07/05/2023)

July 5, 2023

July 5, 2023

115

ATTORNEY APPEARANCE by Jean Veta on behalf of Academic Pediatric Association, American Academy of Child & Adolescent Psychiatry, American Academy of Family Physicians, American Academy of Nursing, American Academy of Pediatrics, The, American Association of Physicians for Human Rights, Inc., American College of Obstetricians and Gynecologists, American College of Osteopathic Pediatricians, American College of Physicians, American Medical Association, American Pediatric Society, Association of Medical School Pediatric Department Chairs, Inc., Endocrine Society, The, National Association of Pediatric Nurse Practitioners, Oklahoma Chapter of the American Academy of Pediatrics, Oklahoma Council of Child and Adolescent Psychiatry, Pediatric Endocrine Society, The, Societies for Pediatric Urology, The, Society for Adolescent Health and Medicine, Society for Pediatric Research, Society of Pediatric Nurses, World Professional Association for Transgender Health, The (Veta, Jean) (Entered: 07/05/2023)

July 5, 2023

July 5, 2023

116

ATTORNEY APPEARANCE by Brian W. Barnes on behalf of Do No Harm, Oklahoma Council of Public Affairs [Note: Attorney Brian W. Barnes added to party Do No Harm(pty:ip), Attorney Brian W. Barnes added to party Oklahoma Council of Public Affairs(pty:ip).] (Barnes, Brian) (Entered: 07/05/2023)

July 5, 2023

July 5, 2023

117

ATTORNEY APPEARANCE by John Ramer on behalf of Do No Harm, Oklahoma Council of Public Affairs [Note: Attorney John Ramer added to party Do No Harm(pty:ip), Attorney John Ramer added to party Oklahoma Council of Public Affairs(pty:ip).] (Ramer, John) (Entered: 07/05/2023)

July 5, 2023

July 5, 2023

118

RESPONSE in Opposition to Motion to Dismiss (Re: 82 MOTION to Dismiss, 80 MOTION to Dismiss by Defendants 15-53 ) by Benjamin Boe, Bethany Boe, Brandon Boe, Daphne Doe, Donna Doe, Shauna Lawlis, Lauren Loe, Lydia Loe, Patrick Poe, Paula Poe, Peter Poe, Rachel Roe, Richard Roe, Ryan Roe ; (Lambert, Megan) (Entered: 07/07/2023)

July 7, 2023

July 7, 2023

119

REPLY to Response to Motion (Re: 5 MOTION for Preliminary Injunction ) by Benjamin Boe, Bethany Boe, Brandon Boe, Daphne Doe, Donna Doe, Shauna Lawlis, Lauren Loe, Lydia Loe, Patrick Poe, Paula Poe, Peter Poe, Rachel Roe, Richard Roe, Ryan Roe ; (With attachments) (Lambert, Megan) (Entered: 07/10/2023)

July 10, 2023

July 10, 2023

120

RESPONSE (Re: 61 Notice (Other) ) by Clayton Bullard, Georgina Calhoun, Dennis J Carter, Susan Chambers, Kevin Corbett, Louis Cox, Randy Dowell, Gentner Drummond, Jim Everest, Mark Fixley, Amber Garretson, Chelsey D Gilbertson, Jeremy Hall, Nikole Hicks, Timothy Holder, Robert Howard, Steven Katsis, Anthony F Keating, III, Duane G Koehler, Bret S Langerman, Kyle Leemaster, Trevor Nutt, Katherine O'Dell, C Michael Ogle, Lindsay Potts, Gary E Raskob, Callie Rinehart, Shaston Salie, Shawn Stachovic, Shelly Swalley, Catherine C Taylor, Katie L Templeton, University Hospitals Authority, University Hospitals Trust, Ross Vanhooser, Don Wilber, G Raney Williams, Jr, Marisa Wrape, Leroy E Young (West, Zachary) (Entered: 07/10/2023)

July 10, 2023

July 10, 2023

121

Unopposed MOTION for Status Conference (Re: 42 Minute Order,,,,,, Setting/Resetting Deadline(s)/Hearing(s),,,,,, Ruling on Motion for Extension of Time to Respond to Motion,,,,,, Ruling on Motion for Extension of Time to Reply to Motion Response,,,,,, Ruling on Motion to Accelerate/Extend/Reset Hearing(s)/Deadline(s),,,,, ) by Benjamin Boe, Bethany Boe, Brandon Boe, Daphne Doe, Donna Doe, Shauna Lawlis, Lauren Loe, Lydia Loe, Patrick Poe, Paula Poe, Peter Poe, Rachel Roe, Richard Roe, Ryan Roe (Lambert, Megan) (Entered: 07/11/2023)

July 11, 2023

July 11, 2023

122

MINUTE ORDER by Chief Judge John F Heil, III : granting plaintiffs' motion ; setting/resetting deadline(s)/hearing(s): to be held at 224 S Boulder, 3rd Floor Courtroom ( Status Hearing set for 7/18/2023 at 09:00 AM before Chief Judge John F Heil III); granting 121 Motion for Miscellaneous Relief (Re: 121 Unopposed MOTION for Status Conference ) (This entry is the Official Order of the Court. No document is attached.) (pll, Dpty Clk) (Entered: 07/12/2023)

July 12, 2023

July 12, 2023

123

MOTION to Strike Plaintiffs' Reply Affidavits or, in the Alternative, to File Surreply, with Brief in Support by Clayton Bullard, Georgina Calhoun, Dennis J Carter, Susan Chambers, Kevin Corbett, Louis Cox, Randy Dowell, Gentner Drummond, Jim Everest, Mark Fixley, Amber Garretson, Chelsey D Gilbertson, Jeremy Hall, Nikole Hicks, Timothy Holder, Robert Howard, Steven Katsis, Anthony F Keating, III, Duane G Koehler, Bret S Langerman, Kyle Leemaster, Trevor Nutt, Katherine O'Dell, C Michael Ogle, Lindsay Potts, Gary E Raskob, Callie Rinehart, Shaston Salie, Shawn Stachovic, Shelly Swalley, Catherine C Taylor, Katie L Templeton, University Hospitals Authority, University Hospitals Trust, Ross Vanhooser, Don Wilber, G Raney Williams, Jr, Marisa Wrape, Leroy E Young (West, Zachary) (Entered: 07/17/2023)

July 17, 2023

July 17, 2023

124

OPINION AND ORDER by Chief Judge John F Heil, III ; granting 4 Motion for Miscellaneous Relief (Re: 4 MOTION to Proceed Under Pseudonyms ) (srt, Dpty Clk) (Entered: 07/17/2023)

July 17, 2023

July 17, 2023

RECAP
125

MINUTES of Proceedings - held before Chief Judge John F Heil, III: Status Hearing held on 7/18/2023, striking 7/25/23 hearing ; striking/terminating deadline(s)/Hearing(s); granting in part and denying in part 123 Motion to Strike (Re: 5 MOTION for Preliminary Injunction, 123 MOTION to Strike Plaintiffs' Reply Affidavits or, in the Alternative, to File Surreply, with Brief in Support ) (Court Reporter: Laura Griffin) (pll, Dpty Clk) (Entered: 07/18/2023)

July 18, 2023

July 18, 2023

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126

DISCLOSURE STATEMENT by Do No Harm, Oklahoma Council of Public Affairs (With attachments) (Thompson, David) (Entered: 07/20/2023)

1 Exhibit A

View on PACER

July 20, 2023

July 20, 2023

127

REPLY to Response to Motion (Re: 80 MOTION to Dismiss by Defendants 15-53 ) by Clayton Bullard, Georgina Calhoun, Dennis J Carter, Susan Chambers, Kevin Corbett, Louis Cox, Randy Dowell, Gentner Drummond, Jim Everest, Mark Fixley, Amber Garretson, Chelsey D Gilbertson, Jeremy Hall, Nikole Hicks, Timothy Holder, Robert Howard, Steven Katsis, Anthony F Keating, III, Duane G Koehler, Bret S Langerman, Kyle Leemaster, Trevor Nutt, Katherine O'Dell, C Michael Ogle, Lindsay Potts, Gary E Raskob, Callie Rinehart, Shaston Salie, Shawn Stachovic, Shelly Swalley, Catherine C Taylor, Katie L Templeton, University Hospitals Authority, University Hospitals Trust, Ross Vanhooser, Don Wilber, G Raney Williams, Jr, Marisa Wrape, Leroy E Young ; (West, Zachary) Modified on 7/24/2023 to correct event type (lmt, Dpty Clk). (Entered: 07/21/2023)

July 21, 2023

July 21, 2023

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128

REPLY to Response to Motion (Re: 82 MOTION to Dismiss ) by Richard Lofgren, OU Medicine, Inc. ; (Buchan, James) (Entered: 07/21/2023)

July 21, 2023

July 21, 2023

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129

MOTION for Leave to File Surreply (Re: 80 MOTION to Dismiss by Defendants 15-53 ) by Benjamin Boe, Bethany Boe, Brandon Boe, Daphne Doe, Donna Doe, Shauna Lawlis, Lauren Loe, Lydia Loe, Patrick Poe, Paula Poe, Peter Poe, Rachel Roe, Richard Roe, Ryan Roe (Lambert, Megan) (Entered: 07/26/2023)

July 26, 2023

July 26, 2023

130

MINUTE ORDER by Chief Judge John F Heil, III : Plaintiffs' Motion for Leave to File Surreply is granted. Surreply shall be filed no later than 8/7/2023 ; granting 129 Motion for Leave to File Document(s) (Re: 129 MOTION for Leave to File Surreply ) (This entry is the Official Order of the Court. No document is attached.) (JFH1, Chambers) (Entered: 07/27/2023)

July 27, 2023

July 27, 2023

131

SURREPLY to Motion (Re: 82 MOTION to Dismiss, 80 MOTION to Dismiss by Defendants 15-53 ) by Benjamin Boe, Bethany Boe, Brandon Boe, Daphne Doe, Donna Doe, Shauna Lawlis, Lauren Loe, Lydia Loe, Patrick Poe, Paula Poe, Peter Poe, Rachel Roe, Richard Roe, Ryan Roe ; (Lambert, Megan) (Entered: 08/07/2023)

Aug. 7, 2023

Aug. 7, 2023

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132

SURREPLY to Motion (Re: 5 MOTION for Preliminary Injunction ) by Clayton Bullard, Georgina Calhoun, Dennis J Carter, Susan Chambers, Kevin Corbett, Louis Cox, Randy Dowell, Gentner Drummond, Jim Everest, Mark Fixley, Amber Garretson, Chelsey D Gilbertson, Jeremy Hall, Nikole Hicks, Timothy Holder, Robert Howard, Steven Katsis, Anthony F Keating, III, Duane G Koehler, Bret S Langerman, Kyle Leemaster, Trevor Nutt, Katherine O'Dell, C Michael Ogle, Lindsay Potts, Gary E Raskob, Callie Rinehart, Shaston Salie, Shawn Stachovic, Shelly Swalley, Catherine C Taylor, Katie L Templeton, University Hospitals Authority, University Hospitals Trust, Ross Vanhooser, Don Wilber, G Raney Williams, Jr, Marisa Wrape, Leroy E Young ; (With attachments) (West, Zachary) (Entered: 08/08/2023)

1 Exhibit 1 - Cantor Rebuttal

View on RECAP

2 Exhibit 2 - M Laidlaw Rebuttal

View on RECAP

3 Exhibit 3 - Thompson Decl. Resp.

View on RECAP

4 Exhibit 4 - Harris Decl.

View on RECAP

Aug. 8, 2023

Aug. 8, 2023

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133

PROTECTIVE ORDER by Chief Judge John F Heil, III (JFH1, Chambers) (Entered: 08/15/2023)

Aug. 15, 2023

Aug. 15, 2023

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134

SEALED DOCUMENT (Lambert, Megan) (Entered: 08/22/2023)

Aug. 22, 2023

Aug. 22, 2023

135

MOTION for Leave to File Supplemental Authority (Re: 86 Response in Opposition to Motion,,, 80 MOTION to Dismiss by Defendants 15-53 ) by Clayton Bullard, Georgina Calhoun, Dennis J Carter, Susan Chambers, Kevin Corbett, Louis Cox, Randy Dowell, Gentner Drummond, Jim Everest, Mark Fixley, Amber Garretson, Chelsey D Gilbertson, Jeremy Hall, Nikole Hicks, Timothy Holder, Robert Howard, Steven Katsis, Anthony F Keating, III, Duane G Koehler, Bret S Langerman, Kyle Leemaster, Trevor Nutt, Katherine O'Dell, C Michael Ogle, Lindsay Potts, Gary E Raskob, Callie Rinehart, Shaston Salie, Shawn Stachovic, Shelly Swalley, Catherine C Taylor, Katie L Templeton, University Hospitals Authority, University Hospitals Trust, Ross Vanhooser, Don Wilber, G Raney Williams, Jr, Marisa Wrape, Leroy E Young (West, Zachary) (Entered: 08/23/2023)

Aug. 23, 2023

Aug. 23, 2023

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136

ERRATA/CORRECTION (Re: 135 MOTION for Leave to File Supplemental Authority ) by Clayton Bullard, Georgina Calhoun, Dennis J Carter, Susan Chambers, Kevin Corbett, Louis Cox, Randy Dowell, Gentner Drummond, Jim Everest, Mark Fixley, Amber Garretson, Chelsey D Gilbertson, Jeremy Hall, Nikole Hicks, Timothy Holder, Robert Howard, Steven Katsis, Anthony F Keating, III, Duane G Koehler, Bret S Langerman, Kyle Leemaster, Trevor Nutt, Katherine O'Dell, C Michael Ogle, Lindsay Potts, Gary E Raskob, Callie Rinehart, Shaston Salie, Shawn Stachovic, Shelly Swalley, Catherine C Taylor, Katie L Templeton, University Hospitals Authority, University Hospitals Trust, Ross Vanhooser, Don Wilber, G Raney Williams, Jr, Marisa Wrape, Leroy E Young (With attachments) (West, Zachary) (Entered: 08/23/2023)

1 Eknes-Tucker v. Governor of Alabama, No. 22-11707, 2023 WL 5344981 (11th Cir. A

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Aug. 23, 2023

Aug. 23, 2023

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137

MINUTE ORDER by Chief Judge John F Heil, III : Defendants' Motion to File Supplemental Authority 135 is deemed moot, as the Court is aware of the authority referenced in the Motion ; finding as moot 135 Motion for Leave to File Document(s) (Re: 135 MOTION for Leave to File Supplemental Authority ) (This entry is the Official Order of the Court. No document is attached.) (JFH1, Chambers) (Entered: 08/23/2023)

Aug. 23, 2023

Aug. 23, 2023

138

OPINION AND ORDER by Chief Judge John F Heil, III : Plaintiffs' Motion for Preliminary Injunction is denied ; denying 5 Motion for Preliminary Injunction (Re: 5 MOTION for Preliminary Injunction ) (JFH1, Chambers) (blc, Dpty Clk). Modified on 10/6/2023 to replace pdf (blc, Dpty Clk). (Entered: 10/05/2023)

Oct. 5, 2023

Oct. 5, 2023

Clearinghouse
139

NOTICE of Docket Entry Modification; Error: pdf contained error; Correction: replaced pdf with correct formatting (Re: 138 Opinion and Order,, Ruling on Motion for Preliminary Injunction, ) (blc, Dpty Clk) Modified on 10/10/2023 (pll, Dpty Clk). (Entered: 10/06/2023)

Oct. 6, 2023

Oct. 6, 2023

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140

NOTICE OF APPEAL to Circuit Court (paid $505 appeal fee; receipt number AOKNDC-2887033) (Re: 138 Opinion and Order,, Ruling on Motion for Preliminary Injunction, ) by Benjamin Boe, Bethany Boe, Brandon Boe, Daphne Doe, Donna Doe, Lauren Loe, Lydia Loe, Patrick Poe, Paula Poe, Peter Poe, Rachel Roe, Richard Roe, Ryan Roe (Gonzalez-Pagan, Omar) (Entered: 10/06/2023)

Oct. 6, 2023

Oct. 6, 2023

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141

PRELIMINARY RECORD Sent to Circuit Court (Re: 140 Notice of Appeal to Circuit Court, ) (With attachments) (blc, Dpty Clk) (Entered: 10/10/2023)

1 Prelim Record

View on PACER

Oct. 10, 2023

Oct. 10, 2023

142

APPEAL NUMBER INFORMATION from Circuit Court assigning Case Number 23-5110 (#140) (Re: 140 Notice of Appeal to Circuit Court, ) (dla, Dpty Clk) (Entered: 10/10/2023)

Oct. 10, 2023

Oct. 10, 2023

155

MINUTE ORDER by Chief Judge John F Heil, III ; terminating attorney Ronald Theodore Shinn, Jr ; granting 154 Motion to Withdraw Attorney(s) (This entry is the Official Order of the Court. No document is attached.) (JFH1, Chambers) (Entered: 05/06/2025)

May 6, 2025

May 6, 2025

156

MOTION to Withdraw Attorney(s) Lillian M. McGuire by Benjamin Boe, Bethany Boe, Brandon Boe, Daphne Doe, Donna Doe, Shauna Lawlis, Lauren Loe, Lydia Loe, Patrick Poe, Paula Poe, Peter Poe, Rachel Roe, Richard Roe, Ryan Roe (McGuire, Lillian) (Entered: 05/14/2025)

May 14, 2025

May 14, 2025

157

MINUTE ORDER by Chief Judge John F Heil, III ; terminating attorney Lillian Margaret McGuire ; granting 156 Motion to Withdraw Attorney(s) (This entry is the Official Order of the Court. No document is attached.) (JFH1, Chambers) (Entered: 05/15/2025)

May 15, 2025

May 15, 2025

Case Details

State / Territory:

Oklahoma

Case Type(s):

Healthcare Access and Reproductive Issues

Child Welfare

Healthcare Access and Reproductive Issues

Special Collection(s):

Transgender Healthcare Access Cases

Key Dates

Filing Date: May 2, 2023

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A group of families with transgender adolescents and a medical provider who supports transgender youth

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Lambda Legal

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Oklahoma, State

Oklahoma State Board of Medical Licensure and Supervision, State

Oklahoma Board of Nursing, State

Oklahoma State Board of Osteopathic Examiners, State

University Hospitals Authority (Oklahoma City), State

University Hospitals Trust (Oklahoma City), State

OU Medicine (Oklahoma City), Private Entity/Person

Defendant Type(s):

Hospital/Health Department

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Affordable Care Act Section 1557, 42 U.S.C. § 18116

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Equal Protection

Other Dockets:

Northern District of Oklahoma 4:23-cv-00177

U.S. Court of Appeals for the Tenth Circuit 23-05110

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Juveniles

Parents (visitation, involvement)

Discrimination Area:

Disparate Impact

Disparate Treatment

Discrimination Basis:

Gender identity

Sex discrimination

Affected Sex/Gender(s):

Transgender

LGBTQ+:

LGBTQ+

Medical/Mental Health Care:

Medical care, general

Medication, administration of

Mental health care, general