Oklahoma governor blindsided by attorney general’s agreement with ACLU to halt child transition ban

Gov. Kevin Stitt (R-OK) was blindsided by Attorney General Gentner Drummond’s decision to enter an agreement with the American Civil Liberties Union to halt the state’s ban on transgender procedures for children, according to the governor’s office.

Earlier this month, Stitt signed a bill prohibiting the prescription of drugs such as cross-sex hormones, puberty blockers, as well as genital mutilation surgeries for children in the state. The ACLU immediately filed a lawsuit challenging the statute.

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Drummond entered an agreement with the ACLU to temporarily not enforce the ban, asking the court for more time to respond to the ACLU’s request to stop the enforcement permanently.

Stitt’s office told the Washington Examiner the governor first learned of the agreement when the ACLU announced it.

“I want to clarify that this was not an agreement between Oklahoma and the ACLU,” Stitt’s office said, bolding the word “not” for emphasis. “The action is a reflection of a decision made by the Attorney General, and is in no way reflective or connected to the governor.”

Saying they are “confused” by Drummond’s decision, Stitt’s office said, “You will have to reach out to the Attorney General’s office for clarity on why he took this stance.”

“The governor will continue to fight to protect kids in the state of Oklahoma,” the statement concluded.

The agreement between the ACLU and Drummond’s office was filed in court on Thursday. The pause on enforcement “should in no way be interpreted as a concession of any kind, on any issue, by [Oklahoma], including the existence of harm,” according to the document.

Drummond’s office defended the agreement in a statement, saying, “A temporary stay of enforcement simply allows more time to mount the strongest possible defense.”

However, Drummond’s office did not provide an answer when asked about the benefits of the agreement, telling the Washington Examiner that the solicitor general could not be reached.

“We expect all state officials to abide by this agreement while our motion is pending and stand ready to hold the State accountable and defend the rights of all trans Oklahomans, should any enforcement of SB 613 occur,” the ACLU said in a press release.

One experienced litigator tracking gender-related litigation across the country called the move “a little odd” but cited a West Virginia case involving a ban on men in women’s sports. In that case, the ACLU sued and successfully halted the law temporarily.

West Virginia needed time to compile expert reports, and the court eventually reversed itself, lifting the halt.

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“You would think Oklahoma would have gotten its ducks in a row on the science/medicine before passing the statute,” the litigator told the Washington Examiner, who asked for anonymity. “But if the Legislature acted quickly and the AG’s office is trying to catch up, perhaps that buy-time strategy makes sense.”

Oklahoma joined 17 other states that have enacted similar laws banning the procedures for minors, and federal judges have blocked them in two: Alabama and Arkansas.