A Utah judge has ruled the state can access the private medical records of two transgender minors who are suing to overturn the state’s anti-trans sports ban. 

According to the Salt Lake Tribune – which called the decision unprecedented – Judge Keith Kelly stated that the medical records of the two trans girls speak to how the sports ban has affected their mental health and that information about their transitions and medical care “go to the issues that are squarely raised in this case.”

He added, “Their physical, mental, and emotional conditions are all relevant issues.” 

The girls’ attorneys say the true sticking point for them is the release of the mental health records, arguing that the conversations between teenage girls with gender dysphoria and their therapists are too personal to be shared with the state, especially considering that the conversations may cover more than gender identity.

But Kelly disagreed, emphasizing the relevance of the girls’ mental health if they’re arguing that the ban has caused emotional harm. He ordered the lawyers to turn over the girls’ records from the last seven years. 

In August 2022, Kelly issued an injunction against the anti-trans sports ban, allowing trans student-athletes to continue to participate in school sports and arguing that the new law harms them by taking away educational opportunities and increasing stigma against trans kids.

Kelly agreed that the plaintiffs were likely to win their claims and said that the law is causing harm by “singling them out for unfavorable treatment as transgender girls.”

This ruling, he reportedly argued, is what has made it crucial to grant the state access to the girls’ medical records, as the injunction is based on the argument that it negatively impacts their health. 

Kelly said the records would stay “highly confidential” and be marked for “attorney’s eyes only.” It has not yet been decided whether the records will be allowed in the upcoming trial. 

In March 2022, GOP lawmakers in Utah overrode Republican Gov. Spencer Cox’s veto of the ban, titled H.B. 11. The law bans transgender athletes from competing with members of their own gender on sports teams. 

Supporters of the law said the ban was an important step forward to preserve fair competition opportunities. Gov. Cox questioned the need for it and said it targeted an already marginalized group.

“I must admit, I am not an expert on transgenderism,” Cox wrote when explaining his decision to veto. “I struggle to understand so much of it, and the science is conflicting. When in doubt, however, I always try to err on the side of kindness, mercy, and compassion. I also try to get proximate and I am learning so much from our transgender community. They are great kids who face enormous struggles.”

Cox also argued that the bill “will likely bankrupt the Utah High School Athletic Association [UHSAA] and result in millions of dollars in legal fees for local school districts.” He said that he wanted a commission to decide on transgender girls’ participation in school sports on a case-by-case basis and that he hoped this could be a compromise, but that many Republican lawmakers held “a belief that any biologically-born male could simply say he was transgender and begin participating in women’s sports.”

“This is incorrect,” Cox said, noting that the UHSAA had already been allowing transgender students to compete in school sports under some conditions and only four students “have gone through our paperwork, and we have not had any complaints from any other students or families or school administrators.”